[Adopted 2-15-2023 by Ord. No. 675-2023]
As used in this article, unless the context clearly indicates
otherwise, the following terms shall have the meanings indicated:
A roofed structure or facility, or a portion thereof, used
for occupation by livestock or poultry.
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition.
A structure under a roof used for the shelter or enclosure
of persons, animals or property. The word "building" shall include
any part thereof.
The Code of Federal Regulations of the United States.
The Borough Fire Official or Deputy Fire Official.
Any combustible or explosive composition or any substance
or combination of substances that 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 is permitted in Pennsylvania. The term does not include devices
such as "ground and hand-held sparkling devices," "novelties," or
"toy caps," in APA 87-1 or any successor standard, the sale, possession,
and use of which is permitted at all times in Pennsylvania.
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration, or detonation. This term includes, but is not limited
to, salutes containing more than two grains (130 milligrams) of explosive
materials, aerial shells containing more than 40 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 by the U.S. Department of Transportation
under 49 CFR 172.101 (relating to purpose and use of hazardous materials
table). This term also includes fused set pieces containing components
which together exceed 50 milligrams of salute powder.
The Fire Chief of the Franklin Park Volunteer Fire Company
No. 1 or such successor official fire protection agency providing
fire protection services to the Borough.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
A.
The purchase, possession, or use of display fireworks is prohibited
in the Borough unless a permit has been obtained from the Code Official
or the Code Official's designee. Permits shall not be transferrable.
The Code Official may grant an extension for a permit issued under
this section to a new date for displays canceled due to unfavorable
weather or other circumstances beyond the control of the permittee.
Permit fees shall be set forth in the Annual Fee Resolution, as amended
by Borough Council from time to time.
B.
The Code Official shall not issue a permit for the purchase, possession,
or use of display fireworks unless the following criteria are met
in an application submitted at least 45 days before the date of the
display:
(1)
No display fireworks shall be ignited within 300 feet of a fireworks
sales location or facility that meets the requirements of 3 Pa.C.S.A.
§ 1107;
(2)
Display fireworks shall be handled by a competent operator at least
21 years of age who provides evidence of fireworks handling and safety
training;
(3)
Display fireworks shall only be located, discharged, or fired from
a location that is deemed not to be hazardous to property or endanger
the health or safety of any person. The Code Official may request
the opinion of the Fire Chief or other person with similar training
or experience to make such a determination; and
(4)
The permittee shall carry insurance in an amount not less than $1,000,000
conditioned for the payment of all damages which may be caused to
a person or property by reason of the use of display fireworks and
arising from an act of the handler or an agent, an employee, or a
subcontractor thereof.
C.
The Code Official shall not issue a permit for the use of display
fireworks for agricultural purposes unless the following criteria
are met:
(1)
The display fireworks shall only be used in connection with the raising
of crops and the protection of crops from bird and animal damage;
(2)
A permit under this subsection shall only remain in effect for the
calendar year in which it is issued; and
(3)
An application for the use of display fireworks for agricultural
purposes shall be made, in writing, to the Code Official at least
15 days in advance of the date of the intended use, setting forth
the agricultural necessity for the use, the specific type of display
fireworks to be used, the name and address of the operator, and the
name and address of the owner of the grounds on which the use is to
occur with the consent of such owners thereto, in writing, attached.
A.
A person who is at least 18 years of age may purchase, possess, and
use consumer fireworks.
B.
A person may not use consumer fireworks:
(1)
On public property, including, but not limited to, streets, parking
lots, sidewalks and parks, except with the express written permission
of the Code Official;
(2)
On private property without the express permission of the owner or
entity that controls the property;
(3)
Within, directed at, or directed from a vehicle or building;
(4)
Directed at another person;
(5)
While the person is under the influence of alcohol, a controlled
substance, or another drug;
(6)
Within 150 feet of a building or vehicle, whether or not the building
or vehicle is owned by the user of the consumer fireworks;
(7)
Within 150 feet of an animal housing facility or a fenced area designed
to confine livestock owned or managed by another person; or
(8)
Within a distance of 150 feet to 300 feet from an animal housing
facility or a fenced area designed to confine livestock owned or managed
by another person unless the user of the consumer fireworks notifies,
in writing, the owner or manager of the livestock at least 72 hours
in advance that consumer fireworks will be used in that area.
C.
Consumer fireworks may not be used between the hours of 10:00 p.m.
and 10:00 a.m., except:
(1)
On July 2, 3, and 4, and December 31, when consumer fireworks may
be used until 1:00 a.m. on the following day;
(2)
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
(3)
On Memorial Day and Labor Day, including the immediately preceding
Saturday and Sunday, when consumer fireworks may be used until 1:00
a.m. on the following day.
Any person, firm or corporation who shall violate any provision
of this article or fails to comply therewith or with any of the requirements
thereof, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorneys' fees incurred by
the Borough, and, in default of payment of said fine and costs, to
a term of imprisonment to the extent permitted by law for the punishment
of summary offenses. A separate offense shall arise for each day or
portion thereof in which a violation of this article is found to exist
or for each section of this article found to have been violated. The
Borough may also commence appropriate actions in equity to prevent,
restrain, correct, enjoin or abate violations of this article. All
fines and penalties collected for violation of this article shall
be paid to the Borough Treasurer. The initial determination of ordinance
violation is hereby delegated to the Borough Manager, the Police Department,
the Borough Staff, the Code Official, the Assistant Code Official,
the Fire Official, the Deputy Fire Official, the authorized designee
of the Borough Manager and to any other officer or agent that the
Borough Manager or the Borough Council shall deem appropriate.
