[HISTORY: Adopted by the City Council of the City of Scranton 6-27-2023 by Ord. No. 73-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 245, Fireworks, adopted 9-24-2018 by Ord. No. 29-2018; amended in its entirety 7-28-2020 by Ord. No. 14-2020.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
APA 87-1
The American Pyrotechnics Association Standard 87-1: Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition.
CONSUMER FIREWORKS
A. 
The term includes any combustible or explosive composition or any substance or combination of substances which 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, the sale, possession and use of which shall be permitted throughout this commonwealth.
B. 
The term does not include devices such as "ground-and hand-held sparkling devices," "novelties" or "toy caps" in APA 87-1, the sale, possession, and use of which shall be permitted at all times throughout this commonwealth.
DISPLAY FIREWORKS
As defined in 27 CFR 555.11 (relating to meaning of terms) and explained herein: Large fireworks 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 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks." Display fireworks are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 CFR 172.101. This term also includes fused setpieces containing components which together exceed 50 mg of salute powder.
PERSON
A natural person, corporation, foundation, organization, business trust, estate, limited-liability company, licensed corporation, trust, partnership, limited-liability partnership, association or other form of legal business entity. Whenever used in any clause prescribing and imposing a penalty, a "person" includes the individual members, partners, officers and managers of the association, general or limited partnership, corporation, limited-liability company, professional corporation or other similar entity.
A. 
Use prohibitions. No person may intentionally use consumer fireworks within the City of Scranton:
(1) 
On a public or private property, including but not limited to streets, parking lots, sidewalks, City parks, and public buildings, without express permission of the owner or entity that controls the property;
(2) 
Within, directed at, or directed from a vehicle or building;
(3) 
Directed at another person;
(4) 
While the person is under the influence of alcohol, a controlled substance, or another drug; and/or
(5) 
Within 150 feet of an occupied structure and/or vehicle, whether or not a person is actually present in that building at the time and whether or not the user of the consumer fireworks owns the building or vehicle.
B. 
City property. The City of Scranton expressly prohibits the use of consumer fireworks on City property, including but not limited to its streets, parking lots, sidewalks, City parks, and public buildings.
C. 
Sales. Nothing in this chapter governs the sale of consumer fireworks for the period of one year from the effective date of Act 74 of 2022 ("the Law")[1] in accordance with Section 1106(a)(2) of the Law.
[1]
Editor's Notes: See 3 Pa.C.S.A. § 7101 et seq.
If use of consumer fireworks is not otherwise prohibited by this chapter, Act 74 of 2022,[1] or any other law, a person may only use consumer fireworks on the following days between the following times:
A. 
July 2, 3 and 4 and, when July 4 falls on a Tuesday, Wednesday or Thursday, the immediately preceding and following Friday and Saturday, between 10:00 a.m. and 1:00 a.m. the following day;
B. 
December 31, between 10:00 a.m. and 1:00 a.m. the following day;
C. 
Memorial Day, including the immediately preceding Saturday and Sunday, between 10:00 a.m. and 10:00 p.m.; and
D. 
Labor Day, including the immediately preceding Saturday and Sunday, between 10:00 a.m. and 10:00 p.m..
[1]
Editor's Notes: See 3 Pa.C.S.A. § 7101 et seq.
A. 
Permit required. No person shall store, possess, or offer for sale, sell at retail, and/or use or explode any display fireworks, without a display fireworks permit from the City of Scranton.
B. 
Permit application. The display fireworks permit application shall include, at a minimum, the following:
(1) 
Distance. The application must include facts sufficient to establish that the display fireworks will not be ignited within 300 feet of sales locations for consumer fireworks.
(2) 
Operator. The application must include facts sufficient to establish that the display fireworks will be handled by a competent operator at least 21 years of age who demonstrates evidence of fireworks handling and safety training.
(3) 
Insurance. Before approval of a display fireworks permit, the person applying for a display fireworks permit must provide a certificate of insurance from a licensed insurance agent and/or the insurer, evidencing the required coverage, to the City:
(a) 
Insurance coverage must include general liability insurance in the minimum amount of $1,000,000 that names "The City of Scranton, its officers and employees" as additional insured.
(b) 
Insurance coverage must be maintained for the duration of the event including setup and cleanup dates. The date(s) of the event must be explicitly stated on the insurance coverage.
(c) 
The certificate holder must be City of Scranton, at its current address.
(d) 
Certificate of insurance must be accompanied by the additional insured endorsement form with the required language, or it will be rejected as noncompliant.
(4) 
Other laws. The applicant must acknowledge acceptance of the requirements otherwise established by state and federal law.
(5) 
Fee. The nonrefundable application fee shall be $250.
C. 
Permit procedures.
(1) 
Timeline. Applications for use of display fireworks shall be submitted at least two weeks prior to the date of the proposed use.
(2) 
Approval. Permits for the use of display fireworks shall be approved by the Chief of the Fire Department or other appropriate official as may be designated by the City of Scranton and that the display fireworks will not be located, discharged, or fired in such a manner as to be hazardous to property or an endangerment to any person.
(3) 
Extensions. Permits may be extended to a new date for displays canceled due to unfavorable weather or other circumstances beyond the control of the permittee, provided the extension sought receives a renewed approval by the designated official that the extended use would not be hazardous to property or an endangerment to any person.
A. 
Violations. Each and every prohibited use of a consumer firework shall constitute an individual violation.
B. 
Penalties. Any person deemed to have violated any provision of this chapter shall be subjected to citation and, upon conviction, shall, in addition or any other penalty authorized by law, pay a fine of not more than $500 for the first offense, $750 for the second offense, and $1,000 for each subsequent offense.