For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOROUGH. Topton Borough, Berks County, Pennsylvania and its Borough Council.
DISPLAY. Any event, whether or not open to the general public, and whether or not admission is charged, at which fireworks are discharged, fired, or activated.
FIRE CHIEF. The Chief of the Fire Department(s) having jurisdiction in the borough, in the discretion of the Borough Council, to render decisions on issues regarding fireworks, or the designee of the same.
FIREWORKS.
(1) Includes CONSUMER FIREWORKS and DISPLAY FIREWORKS which are, under state law, as follows:
(a) CONSUMER FIREWORKS. Includes any combustible or explosive composition or any substance or combination of substances, containing a maximum of 50 milligrams of explosive materials, 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 of the Consumer Products Safety Commission contained in 16 C.F.R. (relating to commercial practices) or any successor regulation and which complies with the provision for CONSUMER FIREWORKS as defined in the American Pyrotechnics Association (APA) Standard 87-1, or any successor standard, the sale, possession, or use of which shall be permitted throughout this Commonwealth. CONSUMER FIREWORKS does not include devices including “ground and hand held sparkling devices,” “novelties,” and “toy caps,” as defined in APA Standard 87-1, titled Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 Edition, or any subsequent edition.
(b) DISPLAY FIREWORKS. 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:
1. Salutes that contain more than two grains or 130 milligrams of explosive materials;
2. Aerial shells containing more than 60 grams of pyrotechnic compositions; and
3. 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 United States Department of Transportation at 49 C.F.R. 172.101 (relating to purpose and use of hazardous materials table).
(2) FIREWORKS shall not include:
(a) Devices including “ground and hand held sparkling devices,” “novelties,” and “toy caps” as defined in APA Standard 87-1, as referenced above; and
(b) Explosives which are illegal under federal law, such as devices as described in 49 C.F.R. 173.54 (relating to forbidden explosives) or those devices that have not been tested, approved and labeled by the United States Department of Transportation, including, but not limited to, those devices commonly referred to as “M-80,” “M-100,” “blockbuster,” “cherry bomb” or “quarter or half stick” explosive devices.
PERSON. Any individual, partnership, firm, limited liability company or partnership, public or private corporation, incorporated or unincorporated association, enterprise, or any other legal entity and, including without limitation with respect to each of the above, any agent, servant, or employee thereof.
(Ord. 3-2019, passed 6-10-2019)