[HISTORY: Adopted by the Borough Council
of the Borough of Media 4-6-1939 by Ord. No. 228. Amendments noted
where applicable.]
[Amended 3-20-2008 by Ord. No. 1043]
A.
On and after the passage of this chapter, it shall
be unlawful and it is hereby prohibited for any person, persons, firm
or corporation to store, sell, offer or expose for sale or have in
possession with intent to sell or use, discharge or cause to be discharged,
ignited, fired or otherwise set in action within the limits of the
Borough of Media any fireworks except after having obtained a license
as hereafter provided.
B.
The sale and use of ground and hand-held sparkling
devices, novelties and toy caps shall be permitted at all times.
[Added 3-20-2008 by Ord. No. 1043]
The following terms shall have the respective
meanings ascribed to them:
Shall mean and include:
Any combustible or explosive composition or
any substance or combination of substances intended to produce visible
and/or audible effects by combustion, whether or not such is suitable
for use by the public in compliance 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, or any successor standard.
The term does not include "ground and hand-held
sparkling devices," "novelties" and "toy caps" in APA Standard 87-1.
Shall be defined as provided in 27 CFR § 555.11
(relating to meaning of terms).
Shall mean consumer fireworks or display fireworks.
It shall also be unlawful and is hereby prohibited
for any person, persons, firm or corporation unnecessarily to discharge
in or into any street, highway or public place in such borough any
rifle, gun, pistol, revolver, cane, cannon or other appliance, whether
projecting or exploding any bullet, cartridge, blank cartridge, cap
or otherwise, or any explosive substance or mixture or chlorates or
nitrates.
Licenses for the public display of fireworks
by properly qualified individuals or corporations under the direct
supervision of experts in the handling of fireworks may be issued
by the Mayor, in such form as may be prescribed and upon furnishing
such information as he may require, provided that such display or
displays shall be of such character and so located, discharged or
fired as, in the opinion of the Mayor after proper inspection, shall
not be hazardous to property or endanger any person or persons and
provided that application for such license is made 15 days in advance
of the date of display.
Such fireworks or devices for pyrotechnic displays
may be stored within the limits of the Borough of Media when the license
for such storage has been issued by the Mayor of the Borough of Media,
provided that the building or premises in or upon which such storage
is to be made has been properly inspected by the Building Inspector
and certified to the Mayor as a proper place for such storage and
provided that no license shall be issued for such storage within 500
feet of a school, hospital, church or other public institution or
any building used as a place of public assembly.
[Amended 11-19-1992 by Ord. No. 846]
Any person, persons, firm or corporation violating
any provision of this chapter shall be punishable by a fine not exceeding
$600, plus costs of prosecution and, in default of payment of such
fine and costs, by imprisonment for a period not exceeding 90 days.
