City of Pittston, PA Chapter 264 Fireworks

[HISTORY: Adopted by the City Council of the City of Pittston as indicated in article histories. Amendments noted where applicable.]

Article I Fireworks and Other Explosives

[Adopted 3-23-1914 by Ord. No. 1914-39]

§ 264-1 Prohibited acts.

[Amended 1-21-2015 by Ord. No. 2014-15; 8-17-2022 by Ord. No. 9-2022]

A. The use of consumer fireworks is prohibited within the City limits, except with a permit for the properties located in Schedule A[1] (attached), which shall be updated from time to time and anytime by resolution.

[1] Editor's Note: Schedule A is on file and available in the City offices.

B. Consumer fireworks are prohibited between the hours of 10:00 p.m. and 10:00 a.m, except:

(1) July 2, July 3, July 4 and December 31 when consumer fireworks may be used until 1:00 a.m. the following day.

(2) 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) Memorial Day, including the immediately preceding Saturday and Sunday.

(4) Labor Day, including the immediately preceding Saturday and Sunday.

§ 264-2 Restrictions on sale and manufacture.

A. 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. 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. 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 3 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 3 1/2 inches, shall be more than one inch in diameter.

D. 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.

§ 264-3 Violations and penalties.

[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.

Article II Public Displays

[Adopted 7-9-1940 by Ord. No. 1940-416; 1-21-2015 by Ord. No. 2014-15]

§ 264-4 Application for permit; issuance.

A. 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. Such application shall set forth:

(1) The name of the organization sponsoring the display, together with the names of persons actually in charge of the firing of the display.

(2) The date and time of day at which the display is to be held.

(3) The exact location planned for the display.

(4) A description setting forth the age, experience, and physical characteristics of the persons who are to do the actual discharging of the fireworks.

(5) The number and kinds of fireworks to be discharged.

(6) The manner and place of storage of such fireworks prior to the display.

(7) 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. 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.

§ 264-5 Conduct of display.

A. 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. 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. 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. 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. 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. The Fire Chief shall set all requirements for the presence of firefighting equipment.

[Amended 1-21-2015 by Ord. No. 2014-15]

§ 264-6 Qualifications of operators.

A. 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. There shall be at all times at least two operators at any supervised display of fireworks constantly on duty during the holding thereof.

§ 264-7 Violations and penalties.

[Amended 1-21-2015 by Ord. No. 2014-15

A. 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. 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. 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.