Chapter 8.30


8.30.010    Defined.

8.30.020    Sale and possession prohibited.

8.30.030    Displays – Permit required.

8.30.040    Authorized sale and use.

8.30.050    Penalty for violations.

8.30.060    Seizure of fireworks.

8.30.010 Defined.

“Fireworks” means and includes any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, Roman candles, Dago bombs, sparklers or other devices of like construction, and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term “fireworks” shall not include any auto flares, ammunition, paper caps containing not in excess of an average of twenty-five hundredths (25/100) of a grain of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times. [Ord. No. 347A, §1, 1-7-80. Code 1974 §27.10.010.]

8.30.020 Sale and possession prohibited.

Except as hereinafter provided, no person shall offer for sale, expose for sale, sell or possess any fireworks within any area of the borough outside any city. [Ord. No. 347A, §1, 1-7-80. Code 1974 §27.10.020.]

8.30.030 Displays – Permit required.

(a)    Fireworks may be used for public displays by municipalities, fair associations, amusement parks and other organizations or groups of individuals, under the following conditions:

(1)    A permit is obtained from the borough manager or his authorized representative after approval of the local fire authorities.

(2)    In determining whether to issue or deny a permit for the use of fireworks at a public display, the borough manager or his designee shall consider the following:

a.    The location of the proposed display and the surrounding property;

b.    The type of fireworks and the length of the proposed display;

c.    The danger of the proposed display to persons and property; and

d.    The experience and the competency in handling fireworks of the person in charge of the proposed display.

(3)    A bond is filed with the borough, in the amount of not less than one thousand dollars ($1,000), to ensure payment of all damages to persons or property caused by the display. The bond requirement will not apply if the holder of the permit has in effect an insurance policy which accomplishes the same purpose as the bond and files with the borough a certificate of insurance and an affidavit describing the current coverage.

(b)    No permit is transferable.

(c)    Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a safe and authorized manner. [Ord. No. 347A, §1, 1-7-80. Code 1974 §27.10.030.]

8.30.040 Authorized sale and use.

Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations for military purposes. This chapter does not pertain to those explosives or devices used in construction, logging or mining operations while possessed for or used in such activities. [Ord. No. 347A, §1, 1-7-80. Code 1974 §27.10.040.]

8.30.050 Penalty for violations.

Any violation of the provisions of this chapter shall be a violation and upon conviction thereof shall be punishable by a maximum fine of five hundred dollars ($500.00). [Ord. No. 1607, §7, 10-3-11; Ord. No. 347A, §1, 1-7-80. Code 1974 §27.10.050.]

8.30.060 Seizure of fireworks.

The borough manager, his designee and any law enforcement officer may seize, take, remove or cause to be removed at the expense of the owner all fireworks and stocks of fireworks held in violation of this chapter and may dispose of the same by destruction, donation to a person or group permitted under this chapter to possess and use such fireworks, or in any other appropriate manner as determined by the borough manager. [Ord. No. 347A, §1, 1-7-80. Code 1974 §27.10.060.]