[HISTORY: Adopted by the Borough Council of the Borough of
Chambersburg 3-27-2023 by Ord. No. 2023-10. Amendments noted where applicable.]
A.
The terms
used in this chapter shall have the meanings set forth in 3 Pa.C.S.A.
§ 1101, as amended.
The Town Council of the Borough of Chambersburg has determined
that consumer fireworks cannot be used within the Borough in compliance
with the use requirements for consumer fireworks. Consumer fireworks
cannot be used within 150 feet of a building or vehicle, whether or
not the vehicle is owned by the user of the consumer fireworks. [See
3 Pa.C.S.A. § 1104(b)(5).] Therefore, the discharge and
use of consumer fireworks within the Borough of Chambersburg is prohibited.
A.
Use of
display fireworks within the Borough is prohibited unless a permit
is first granted by the Borough in accordance with this chapter.
B.
Permit
applications for use of display fireworks (regardless of purpose i.e.,
entertainment, civic, or agricultural) shall be on a form established
by the Borough and shall include, but not be limited to, the following
criteria and requirements:
(1)
The
permit application form shall be submitted within not less than 45
days of the desired use of the display fireworks; and
(2)
The
permit shall identify the requested date, time, and duration of the
proposed use of display fireworks and may identify a potential "rain
date" in the event that weather conditions prevent the use of display
fireworks on the requested date; and
(3)
The
applicant shall remit the display fireworks permit application fee
set by resolution of the Borough from time to time; and
(4)
The
applicant shall, as a condition precedent to the issuance of a permit,
provide the Borough with proof of general commercial liability insurance
in an amount not less than $1,000,000 on a form acceptable to the
Borough Solicitor, and the Borough shall be listed as an additional
insured on such policy; and
(5)
The
permit shall include the signature of the owner of the real property
where the display fireworks are to be used; and
(6)
The
person conducting the display of display fireworks shall operate under
a federal professional fireworks license as administered by the Bureau
of Alcohol, Tobacco, Firearms, and Explosives. A copy of the license
shall be included with the application; and
(7)
The
applicant shall attest, under penalty of perjury, that the use of
display fireworks shall conform to the use requirements set forth
in 3 Pa.C.S.A. § 1102, as amended.
C.
Applications
for the use of display fireworks shall not be issued until such time
as the applicant provides proof to the Borough that the Borough’s
Building Code Official, or his designee, has approved the proposed
use of display fireworks. The applicant shall be required to provide
said Building Code Official, or his designee, with any information
necessary for such review, and the applicant shall be required to
remit any fee required by said Building Code Official or his designee.
The applicant shall comply with any conditions for use of display
fireworks imposed by said Building Code Official or his designee.
D.
The use
of display fireworks is only permitted between the hours of 10:00
a.m. and 11:00 p.m.
E.
Use of
display fireworks shall comply with NFPA 1123, Code for Fireworks
Display, 2022 Edition.
F.
The Borough
shall not be required to obtain the permit required under this section
for the use of display fireworks on behalf of the Borough.
A.
This chapter
may be enforced by the Police Department of the Borough of Chambersburg
or by the Code Enforcement Officer of the Borough of Chambersburg.
B.
Any person
using consumer or display fireworks in violation of this chapter shall
be guilty of a summary offense and, upon conviction thereof, shall
be sentenced to pay a $500 fine in addition to any other penalty authorized
by law. Any person who commits a subsequent offense within three years
of a prior conviction shall commit a summary offense and, upon conviction,
shall be sentenced to pay a $1,000 fine in addition to any other penalty
authorized by law.
