[HISTORY: Adopted by the Board of Commissioners of the Township
of Lower Moreland 3-14-2023 by Ord. No. 771.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 106,
Fireworks, adopted 11-9-2021 by Ord. No. 759.
Fireworks, by nature, contain explosives which, when misused,
can damage property and endanger human life. It is the intent of the
Board of Commissioners of Lower Moreland Township to protect the health,
safety, and welfare of the general public through limiting the use
of fireworks.
As used in this chapter, the following terms shall have the
meanings indicated:
Fireworks Law, Act 74 of 2022, as amended.
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 this Commonwealth. The term
"Consumer Fireworks" does not include devices such as "ground and
hand-held sparkling devices," "novelties," or "toy caps" as defined
in APA 87-1 or any successor standard.
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 UN 0335 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.
The use of fireworks, whether consumer or display, shall be strictly
prohibited at any location within 150 feet of any structure, property
line, vehicle or roadway.
B.
The use of any fireworks shall be prohibited within any closed structure,
building or tent.
C.
The use of any fireworks shall be prohibited in any Township park
unless approved by the Board of Commissioners.
D.
The use of fireworks shall be prohibited by any person who is under
the influence of alcohol, a controlled substance or another drug.
A.
Unlawful to use display fireworks without a permit. It shall be unlawful
for any person, persons, firms or corporations, amusement parks, fair
associations or other organizations or groups of individuals, to use
and/or hold public displays of display fireworks within the limits
of the Township of Lower Moreland, unless a permit is first granted
by Lower Moreland Township.
B.
Compliance with state and federal statutes and regulations. The applicant
for a permit to display fireworks within this Township must comply
with and abide by any and all Pennsylvania and Federal statutes and
regulations and any and all applicable County or other local regulations
governing the use, storage, and display of fireworks, including but
not limited to the International Fire Code and 35 P.S. §§ 1271
et seq., as amended. All Pennsylvania, federal, county and other local
laws and regulations are incorporated herein by reference. All regulations
relating to the display of fireworks under the International Fire
Code and/or Uniform Construction Code are also incorporated herein
by reference. In the event of an inconsistency between the aforementioned
Pennsylvania, federal, county and other local laws and regulations
and this chapter, the more stringent regulation shall apply. The applicant
must further receive any and all requisite Pennsylvania, federal,
county and/or other local permits and/or licenses relating to the
proposed fireworks display.
C.
Competent operator and safe display location. Every such fireworks
display within the limits of the Township shall be handled, arranged,
managed and directly supervised by a competent operator at least 21
years of age who demonstrates evidence of fireworks handling and safety
training. Every such fireworks use and display within the Township
shall be of such a character and so located, discharged or fired,
as not to be hazardous to property or endanger any person or persons
in the opinion of the Board of Commissioners, or their duly authorized
representative. The Township Fire Chief and Fire Code Official, or
other such officer as may be designated by the Township, shall inspect
the site where the fireworks are to be used and displayed prior to
the issuance of a permit in accordance with the International Fire
Code and other applicable regulations and ensure that the site and
proposed fireworks display are compliant with said regulations. No
permit for the use of fireworks shall be issued until the Township
fire chief, or other such officer as may be designated by the Township,
determines that the requested permit may be granted after inspecting
the location for the requested display.
D.
Permit.
(1)
An application for a permit shall be made in writing to the Township
at least 45 days in advance of the date of the proposed use and display,
and shall set forth the proposed date, time and location of the use
and display, the character and duration thereof, the name and address
of the competent operator, and the name and address of the owner or
owners of the grounds on which the use and display is to be held,
together with the written consent of such owner or owners thereto
and a copy of any permit application required by the International
Fire Code. The application for the permit shall also contain copies
of any and all state, federal and/or county permits and/or licenses
needed for the use and display of fireworks. All applicants shall
pay the Township the permit fee identified in the Township's
duly enacted fee schedule resolution before the issuance of a permit
and shall further provide proof of liability insurance, acceptable
to the Township. The Township may attach conditions and/or restrictions
on any permit for the use and display of fireworks to protect public
safety.
(2)
If and after such permit is granted by the Township, the possession,
use and display of fireworks for the approved display shall be lawful
for that purpose, date and time only. No permit granted hereunder
shall be transferable.
(3)
No permit for the use and display of fireworks shall be issued to
an individual under the age of 21.
E.
Liability insurance. All applicants shall submit proof of liability
insurance in an amount no less than $1,000,000, and such policy shall
name the Township, its employees, and its elected and appointed officials
as additional insureds. The liability insurance shall be in a form
acceptable to the Township before issuance of any permit.
F.
Continuance. If by reason of unfavorable weather the fireworks display
for which a permit has been granted does not take place at the time
so authorized, the person to whom such permit was issued may within
24 hours apply to the Township, and set forth under oath the fact
that such use and display was not made, the reason the use and display
did not take place, and a request for a continuance of such permit
for a day designated therein. The continuance date shall be no later
than one week (seven days) after the day fixed originally in said
permit. Upon receiving such application for a continuance, the Township,
if it believes the facts stated therein are true, may extend the provisions
of said permit to the day fixed in said application, no later than
one week (seven days) after the original day designated in the 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 permit, provided that the provisions of the
original bond extend to and cover all damages which may be caused
by reason of said use and display taking place at such extended date
in the same manner and to the same extent as if such use and display
had taken place at the date originally fixed in the permit.
A.
A person who is at least 18 years of age and meets the requirements
of this chapter may purchase, possess, and use consumer fireworks.
B.
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 any building or vehicle.
(6)
Consumer fireworks between the hours of 10:00 p.m. and 10:00 a.m.,
except:
(a)
On July 2, 3 and 4 and December 31, when consumer fireworks
may be used until 1:00 a.m. the following day; and when July 4 falls
on a Tuesday, Wednesday or Thursday, consumer fireworks may be used
until 1:00 a.m. on the immediately preceding and following Friday
and Saturday; and
(b)
On Memorial Day, including the immediately preceding Saturday
and Sunday, and Labor Day, including the immediately preceding Saturday
and Sunday, consumer fireworks may be used with no time restriction.
A.
Consumer fireworks shall only be sold from facilities which are licensed
by the Department of Agriculture and which meet the locational, operational,
storage and safety requirements of the Act.
B.
Consumer fireworks shall only be sold from a standalone, permanent
structure which meets the licensing requirements of the Department
of Agriculture, the Township Zoning Ordinance and the Act.
In the event of any violation of this chapter or of the terms,
conditions or limitations noted on a permit for the display of fireworks,
or in the event of any unsafe condition occurring before or during
the course of a fireworks display, or in the event of any unsafe condition
occurring as a result of any use of consumer, display or other fireworks
within the Township, the Township Police Department, Township Fire
Chief or any other authorized Township official may, before or during
the unsafe and/or violating occurrence, order such fireworks use or
display to be stopped in the interest of public safety.
A.
Any person, individual, partnership, co-partnership, association
or corporation using consumer fireworks in violation of this act for
the first offense shall be guilty of a summary offense, and upon conviction
thereof, shall be punished by a fine not exceeding $500. A subsequent
offense under this subsection committed within three years of a prior
conviction under this paragraph shall constitute a summary offense
and, upon conviction, shall, in addition to any other penalty authorized
by law, be punishable by a fine of not more than $1,000.
B.
Any person, individual, partnership, co-partnership, association,
or corporation who violates any provision of this chapter shall be
ineligible to obtain a permit under this section for a period of three
years from the date of violation.
