[HISTORY: Adopted by the Board of Supervisors of the Township
of Warrington 12-11-2018 by Ord. No. 2018-O-15. Amendments noted
where applicable.]
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
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to commercial practices) or any successor
regulation and which complies with the provisions for "Consumer Fireworks"
as defined in the American Pyrotechnics Association (APA) Standard
87-1, including but not limited to Sections 3.1 and 3.5, or any successor
standard. The term does not include devices such as "ground and handheld
sparkling devices" as defined in APA Standard 87-1, Section 3.1.1,
"novelties" as defined in APA Standard 87-1, Section 3.2, or "toy
caps" as defined in APA Standard 87-1, Section 3.3.
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).
Defined as more fully set forth in 27 CFR 555.11 (Meaning of terms),
which is incorporated herein by reference which met the types of display
fireworks devices as set forth in the APA Standard 87-1, Section 4.1
which comply with the requirements for display fireworks set forth
in APA Standard 87-1.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
A.
Use of consumer fireworks.
(1)
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.
(2)
Prohibitions. A person may not intentionally ignite or discharge:
(a)
Consumer fireworks on public or private property without the
express permission of the owner.
(b)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(c)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(d)
Consumer fireworks or sparkling devices while the person is
under the influence of alcohol, a controlled substance or another
drug.
(e)
Consumer fireworks within 150 feet of an occupied structure.
(f)
Consumer fireworks on days other than the following holidays:
New Year's Eve, New Year's Day, Lunar New Year, Memorial
Day, July 4 and Diwali. On New Year's Eve, fireworks may be used
between the hours of 4:00 p.m. to 1:00 a.m. and on all other holidays
fireworks may be used between the hours of 4:00 p.m. and 10:00 p.m.
[Amended 10-13-2020 by Ord. No. 2020-O-08; 12-8-2020 by Ord. No. 2020-O-11]
[Amended 10-13-2020 by Ord. No. 2020-O-08]
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine or not more than $600 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which is found to have been violated
shall constitute a separate offense.
