[Adopted 8-30-2022 by Ord. No. 916]
The following terms shall have the meanings ascribed unless
a contrary meaning is expressly set forth in the text:
The ignition, launching or detonation of fireworks.
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of "consumer
fireworks" or "display fireworks" as set forth herein.
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 American Pyrotechnics Association Standard APA 87-1 or any successor
standard, the sale, possession and use of which shall be permitted
throughout the Borough.
The term does not include such devices as "ground and hand-held
sparkling devices," "novelties," or "toy caps" in defined APA 87-1
or any successor standard, the sale, possession and use of which shall
be permitted at all times throughout the Borough.
DISPLAY FIREWORKSLarge 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 103 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 CRF 172.101 (relating to purpose
and use of hazardous materials table).
A.
Conditions.
A person who is at least 18 years of age and meets the requirements
of this section may purchase, possess, and use consumer fireworks.
B.
Prohibitions
A person may not intentionally ignite or discharge:
(1)
Consumer
fireworks on public or private property without the express permission
of the property 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, 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.
(5)
Consumer
fireworks within 150 feet of an occupied structure.
(6)
Consumer
fireworks between the hours of 10:30 p.m. and 7:00 a.m. except for
New Year's Eve and Fourth of July.
It shall be unlawful for any person, persons, firms or corporations,
amusement parks, fair associations or other organizations or groups
of individuals to have or utilize display fireworks within the limits
of the Borough of Royersford ("Borough") unless a permit therefor
is first obtained by Borough Council, as hereinafter provided.
A.
Application
for permits for display fireworks shall be made, in writing, to the
Borough Manager at least 30 days in advance of the date of the fireworks
display, unless said time period is reduced or waived by Borough Council
in its sole discretion. The application shall set forth the proposed
location of the fireworks display, the character thereof, name and
address of the operator, and name and address of the owner or owners
of the grounds on which the fireworks display is to be held, with
the consent of such owner or owners thereto, in writing, attached.
The application shall be reviewed by the Borough Fire Marshal.
B.
In addition
to all other application requirements set forth herein, permit applications
for display fireworks shall also include a copy of the operator's
license issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives
and a copy of the operator's annual registration with the Attorney
General of the Commonwealth of Pennsylvania.
C.
All applicants
shall pay the Borough a sum as set from time to time by resolution
of Borough Council before issuance of a permit and provide a certificate
of liability insurance in an amount not less than $5,000,000, naming
the Borough as an additional insured.
D.
If the
application does not conform to the requirements of all pertinent
statutes, ordinances and regulations, Borough Council shall reject
the application and, in writing, state the reasons therefor. If Borough
Council is satisfied that the proposed display fireworks conforms
to the requirements of this article, and all laws and regulations
applicable thereto, Borough Council shall issue a permit listing any
conditions attached by Borough Council.
A.
If and
after such permit shall have been granted by Borough Council, or its
designee, possession and use of display fireworks shall be lawful
for that purpose only.
B.
No display
fireworks permit granted hereunder shall be transferable.
C.
Borough
Council may attach to the display fireworks permit any conditions
deemed necessary and appropriate by Borough Council to address safety
concerns.
The permittee shall:
Borough Council shall require a bond, deemed adequate by it,
given by the permittee in an amount deemed appropriate by Borough
Council, but not in a sum less than $250,000 for display fireworks,
conditioned for the payment of all damages caused by any person or
persons and to any property by reason of the licensed display and
arising from any acts of the licensee, his or its agents, employees
or subcontractors, which bond shall be filed with the Borough Manager
before any permit for display fireworks is delivered.
A.
After
notice to the permittee and an opportunity to be heard (within five
days of the date of the notice), Borough Council may revoke a display
fireworks permit or approval issued under the provisions of this article
in the case of any false statement or misrepresentation of fact in
the application, or failure of the applicant to comply with the provisions
of this article, or any other applicable statute or regulation.
B.
Appeals
from any suspension, revocation or denial of a display fireworks permit
may be made to the Montgomery County Court of Common Pleas pursuant
to the provisions of the Local Agency Law, 2 Pa.C.S.A. § 751
et seq.
C.
In the
event that a permit or application has been denied, suspended, or
revoked, no part of the application/permit fee shall be refunded.
If by reason of unfavorable weather the display for which a
display fireworks permit has been granted does not take place at the
time so authorized, the permittee may, within seven days, apply to
the Borough Manager, setting forth under oath the fact that such display
was not made, giving the reason therefor, and requesting a continuance
of such display fireworks permit for a day designated therein, not
later than one week after the day fixed originally in said permit.
Unfired fireworks and trash remaining after the conclusion of
the use of display fireworks for which the permit was issued shall
be immediately disposed of by the permittee in an approved, safe manner.
A.
This article
shall be enforced by the Royersford Borough Police Department.
B.
A person
using consumer fireworks in violation of the provisions of this article
commits a summary offense and, upon conviction, shall be punished
by a fine of not more than $500.
C.
A person
using display fireworks in violation of the provisions of this article
commits a summary offense and, upon conviction, shall be punished
by a fine of not more than $2,000.
D.
The improper
storage, sale, or use of consumer or display fireworks may be prosecuted
under state and/or federal regulations.
The invalidity of any section or provision of this article shall
not invalidate other sections or provisions thereof.
The remaining provisions of the Borough Code in force immediately
before the enactment of this article are intended to be continued
and, to the extent not inconsistent herewith, are hereby reenacted
and reordained; and provisions inconsistent with this article are
hereby repealed as referenced.
This article shall be effective in accordance with the applicable
law.
