The use of consumer fireworks is recognized as permissible so
long as the individual who is using them is a person who is at least
18 years of age and meets the requirements of Act 43 of 2017. Such persons who use or possess such consumer fireworks
are permitted to do so lawfully subject to the prohibition set forth
in Section 2404(b) of Act 43 of 2017 which provides a person using
consumer fireworks may not ignite or discharge:
A. Consumer fireworks on public or private property, without the express
permission of the owner(s).
B. Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
C. Consumer fireworks or sparkling devices into or at a motor vehicle
or building, or at another person.
D. Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
E. Consumer fireworks within 150 feet of an occupied structure.
Any individual using consumer fireworks in violation of the
provisions of Act 43 of 2017 and the terms of this article shall be subject to a summary
citation and, upon conviction, shall be punished by a fine of not
more than $100 per occurrence. Any person selling consumer fireworks
in violation of the provisions of Act 43 of 2017, as may be amended,
shall be subject to prosecution for the commission of a misdemeanor
of the second degree.
This article is intended to be limited in scope as set forth
herein and unless expressly stated otherwise, this article is not
intended to amend or repeal any other provision of the other existing
ordinances of the Borough of Pleasant Hills. If any section, clause
or portion of this article is found to be unconstitutional, illegal,
unenforceable, invalid, or inconsistent with the requirements of the
state law, then the intention of the Borough Council of the Borough
of Pleasant Hills is that only those portions of the article which
are in conflict with existing law shall be stricken. The remaining
portions of this article not in conflict with the existing law shall
remain in full force and effect as if such unconstitutional, illegal,
unenforceable or invalid provision or provisions had not been included
herein. Further, this article is not intended to modify or amend any
other ordinances of the Borough of Pleasant Hills.
This article shall become effective immediately upon the date
of signing.