[HISTORY: Adopted by the City Council of
the City of Lancaster 6-26-2018 by Ord. No. 11-2018; amended in its entirety 10-25-2022 by Ord. No.
21-2022. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
For purposes of this chapter "consumer fireworks" are defined
as 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 Title 16 of the Code
of Federal Regulations (relating to commercial practices) or any success
or regulation and complies with the provisions for "consumer fireworks"
as defined in APA 87-1. Consumer fireworks does not include devices
such as "ground and hand-held sparkling devices," "novelties" or "toy
caps."
In accordance with Title 3 of the Pennsylvania Consolidated
Statutes, Chapter 11, Section 1106(a)(1.2) [as adopted and created
by House Bill No. 2157][1] it is hereby ordained and enacted that the use of consumer
fireworks within the City of Lancaster be and hereby is prohibited.
[1]
Editor's Note: See 3 Pa.C.S.A. § 1101 et seq.
An individual or entity that owns, possesses or has the legal
right to access to a location (other than City parks, roads and City
property) upon which it desires to use consumer fireworks not within
150 feet of a building or vehicle, or 300 feet from an animal housing
facility or fenced area designed to confine livestock owned or managed
by another person, may submit an application for permission to use
consumer fireworks to the City's Permit Coordinator, or the City's
Permit Coordinator's designee. If the City determines that the
above conditions are met, the applicant will be granted permission
to use the consumer fireworks on the day and time listed in the application
but in no event later than 10:00 p.m. Such applications for use of
consumer fireworks are to be submitted at least six weeks in advance
of the date of the requested use.
The Director of Community Planning and Economic Development is authorized to promulgate Rules and Regulations related to the implementation of the provisions of § 143-3 which Rules and Regulations, as amended from time to time, will be effective upon their posting on the City of Lancaster's publicly accessible website.
No permission is granted by the City to any person to ignite
or discharge consumer fireworks on the streets of the City of Lancaster,
the sidewalks of the City of Lancaster or any property owned by the
City of Lancaster, including, without limitation, all of the City's
parks and buildings.
The staff of the City of Lancaster be and hereby are directed
to provide certified copies of this chapter to all magisterial judges
within the City of Lancaster to provide judicial notice that no permission
has been granted by the City for any person to intentionally ignite
or discharge consumer fireworks within the City of Lancaster or on
the City of Lancaster's streets and sidewalks or on any real
estate owned by the City of Lancaster.
Any 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 or any other penalty authorized
by law, be punishable by a fine of not more than $500. A subsequent
offense under this chapter committed within three years of a prior
conviction shall constitute a summary offense, and upon conviction
shall, in addition to any other penalty authorized by law, be punishable
of a fine of not more than $1,000.
