[HISTORY: Adopted by the City Council of the City of Pittston
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-23-1914 by Ord. No. 1914-39]
[Amended 1-21-2015 by Ord. No. 2014-15; 8-17-2022 by Ord. No. 9-2022]
B.Â
Consumer
fireworks are prohibited between the hours of 10:00 p.m. and 10:00
a.m, except:
(1)Â
July
2, July 3, July 4 and December 31 when consumer fireworks may be used
until 1:00 a.m. the following day.
(2)Â
When
July 4 falls on a Tuesday, Wednesday or Thursday, consumer fireworks
may be used until 1:00 a.m. on the immediately preceding and following
Friday and Saturday.
(3)Â
Memorial
Day, including the immediately preceding Saturday and Sunday.
(4)Â
Labor
Day, including the immediately preceding Saturday and Sunday.
A.Â
It shall
be unlawful for any person or persons, members of any firm or any
partnership or anyone in the employ of a corporation to sell or offer
for sale in this City any firecracker or fireworks containing picric
acid or picrates, dynamite, or other high-explosive compound.
B.Â
Nor shall
it be lawful for any person or persons, members of any firm or partnership
or the employees of any corporation to sell, offer, or expose for
sale any blank cartridge, pellet, or tablet composed of dynamite or
other high-explosive compound to be used in pistols, hollow canes,
or any toy for explosive purpose.
C.Â
Nor shall
it be lawful for any person or persons, member of any firm or partnership
or the employees of any corporation to offer for sale in this City
any firecracker containing gunpowder or any other explosive material
over six inches in length, and no firecracker from 3Â 1/2 inches
to six inches in length shall be more than three quarters of an inch
in diameter, and no firecracker, to the length of 3Â 1/2 inches,
shall be more than one inch in diameter.
D.Â
Nor shall
it be lawful for any person or persons, firm, partnership or corporation
to manufacture any firecracker or any species of pyrotechnics, fireworks,
tablets, pellets, or cartridges containing picric acid or picrates,
dynamite or any other high-explosive compound.
[Amended 1-21-2015 by Ord. No. 2014-15]
Any person or persons, members of any firm or partnership or
employees of a corporation violating any of the provisions of this
article shall, upon conviction thereof, be deemed guilty of a misdemeanor
and shall be punishable by a fine of not less than $300 nor more than
$1,000 per offense, plus all City costs, and, upon default of payment,
up to 30 days in the County Jail.
[Adopted 7-9-1940 by Ord. No. 1940-416; 1-21-2015 by Ord. No.
2014-15]
A.Â
Application for permits for supervised public displays of fireworks
to be held within the City of Pittston in conformity with the provisions
of Act No. 65 of the General Assembly of the Commonwealth of Pennsylvania,
approved May 15, 1939,[1] shall be made in writing to City Council at least 30 days
in advance of the date set for the said display.
[1]
Editor's Note: See 35 P.S. § 1271 et seq.
B.Â
Such application shall set forth:
(1)Â
The name of the organization sponsoring the display, together with
the names of persons actually in charge of the firing of the display.
(2)Â
The date and time of day at which the display is to be held.
(3)Â
The exact location planned for the display.
(4)Â
A description setting forth the age, experience, and physical characteristics
of the persons who are to do the actual discharging of the fireworks.
(5)Â
The number and kinds of fireworks to be discharged.
(6)Â
The manner and place of storage of such fireworks prior to the display.
(7)Â
A diagram of the ground on which the display is to be held, showing
the point at which the fireworks are to be discharged, the location
of all buildings, highways and other lines of communication, the line
behind which the audience will be restrained, and the location of
all nearby trees, telegraph or telephone lines or other overhead obstruction
(scaled plan preferable).
C.Â
Upon receipt of such application, the same shall forthwith be submitted
to the Chief of the Fire Department, who, thereupon, shall make or
cause to be made an inspection and investigation of all matter relating
to said supervised public display of fireworks and report to City
Council. Thereupon, if the said Chief of the Fire Department reports
that the said display is of such a character and so located and intended
to be so discharged or fired as, in his opinion, not to be hazardous
to property or endanger any person or persons, and if City Council
further finds that said display will be handled by a competent operator
approved by it and that the application for a permit in all respects
complies with these rules and regulations, then the City Administrator,
on direction of City Council, shall issue a nontransferable permit
upon the filing by the licensee therein of a bond with corporate surety,
conditioned as required by law, in a sum as determined by the City
Solicitor. Otherwise, City Council shall deny the application for
such permit. Penalty for noncompliance shall be a fine of not less
than $500 nor more than $1,000 or 30 days in jail.
A.Â
Supervised public displays of fireworks shall be permitted only when
the actual point at which the fireworks are to be fired is at least
200 feet from the nearest permanent building, public highway or railroad
or other means of travel or 50 feet from the nearest aboveground telephone
or telegraph line, tree or other overhead obstruction.
B.Â
The audience at a supervised public display of fireworks shall be
restrained behind lines at least 150 feet from the point at which
the fireworks are discharged, and only persons in active charge of
the display shall be allowed inside the lines.
C.Â
All fireworks that fire a projectile shall be so set up that the
projectile will go into the air as nearly as possible in a vertical
direction.
D.Â
Any fireworks that remain unfired after the aforesaid display is
concluded shall be immediately disposed of in a way safe for the particular
type of fireworks.
E.Â
No supervised public display of fireworks shall be held during any
windstorm in which the winds reaches a velocity of more than 30 miles
per hour.
F.Â
The Fire Chief shall set all requirements for the presence of firefighting
equipment.
[Amended 1-21-2015 by Ord. No. 2014-15]
A.Â
The persons in actual charge of the firing of fireworks in any such
supervised public display shall be able-bodied men of at least 21
years of age and competent for the task.
B.Â
There shall be at all times at least two operators at any supervised
display of fireworks constantly on duty during the holding thereof.
[Amended 1-21-2015 by Ord. No. 2014-15
A.Â
A person
using consumer fireworks in violation of the provisions of this chapter
for the first offense commits a summary offense and, upon conviction,
shall, in addition to any other penalty authorized by law, be punishable
by a fine of not more than $500. A subsequent offense under this subsection
committed within three years of a prior conviction under this subsection
shall constitute a summary offense and, upon conviction, shall, in
addition to any other penalty authorized by law, be punishable by
a fine of not more than $1,000.
B.Â
A person
selling consumer fireworks in violation of the provisions of this
chapter for the first offense commits a misdemeanor of the second
degree and, upon conviction, shall, in addition to any other penalty
authorized by law, be punishable by a fine of not less than $10,000.
A subsequent offense under this subsection committed within three
years of a prior conviction under this subsection shall constitute
a misdemeanor of the second degree and, upon conviction, in addition
to any other penalty authorized by law, shall be punishable by a fine
of not less than $15,000 and a revocation of a license issued under
Section 1108 (relating to fees, granting of licenses and inspections).
C.Â
A person
selling or using display fireworks in violation of the provisions
of this chapter for the first offense commits a felony of the third
degree and, upon conviction, shall, in addition to any other penalty
authorized by law, be punishable by a fine of not less than $10,000.
A subsequent offense under this subsection committed within three
years of a prior conviction under this subsection shall constitute
a felony of the third degree and, upon conviction, shall, in addition
to any other penalty authorized by law, be punishable by a fine of
not less than $15,000.