[HISTORY: Adopted by the City Council of the City of Altoona 12-8-1987 by Ord. No. 5007. Amendments noted where applicable.]
Unless the context otherwise requires, the following words or phrases shall be construed according to the definitions set forth below:
ACT
Act 13 of 2017, also known as the "Pennsylvania Fireworks Law."
[Added 5-8-2019 by Ord. No. 5745]
CONSUMER FIREWORKS
Shall be as set forth in the Act which includes:
[Added 5-8-2019 by Ord. No. 5745]
A. 
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 provision for "consumer fireworks" as defined in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted at all times throughout the Commonwealth of Pennsylvania.
B. 
The term does not include devices such as "ground and hand-held sparkling devices, "novelties" or "toy caps" in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted at all times throughout the Commonwealth of Pennsylvania.
C. 
The Act allows any person at least 18 years of age to purchase, possess and use consumer fireworks but such person may not intentionally ignite or discharge:
(1) 
Consumer fireworks on public or private property without the express permission of the owner.
(2) 
Consumer fireworks or sparkling devices within, or throw consumer fireworks or sparkling devices from, a motor vehicle or building.
(3) 
Consumer fireworks or sparkling devices into or at a motor vehicle or building or at another person.
(4) 
Consumer fireworks or sparkling devices while the person is under the influence of alcohol, a controlled substance or another drug.
(5) 
Consumer fireworks within 150 feet of an occupied structure.
FIREARM
Any pistol or revolver with a barrel less than 12 inches, any shotgun or any rifle.[1]
STARTER PISTOL
Any pistol specifically designed to receive and discharge blank cartridges only, or a similar pistol.
[1]
Editor’s Note: The former definition of “fireworks,” which immediately followed this definition, was repealed 5-8-2019 by Ord. No. 5745.
[Amended 5-8-2019 by Ord. No. 5745]
A. 
It shall be unlawful for any person to discharge or permit to be discharged by their minor children, any firearm, rifle, shotgun, starter pistol, explosive materials or substances, anywhere within the City of Altoona.
B. 
It shall be unlawful for any person to ignite or discharge consumer fireworks on the streets of the City of Altoona, the sidewalks of the City of Altoona or any property owned by the City of Altoona, including, without limitation, all of the City's parks and public buildings.
C. 
It shall be unlawful to ignite or discharge consumer fireworks at any location within the City of Altoona in violation of the Act, in any manner which causes any combustible materials to be deposited on the land of another or during the hours of 11:00 p.m. and 8:00 a.m.
Provided that the provisions of § 347-2 shall not apply to the use of starter pistols used for the purpose of starting or officiating at athletic events, use in dramatic productions, or other similar events. Further provided that the provisions of § 347-2 shall not apply to supervised fireworks displays handled by a competent operator, approved by the Chief of the Fire Department, City of Altoona, and who has been granted a permit for such fireworks display by the City of Altoona.
[Amended 6-12-2013 by Ord. No. 5639]
Whosoever violates any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 or be imprisoned for a period not to exceed 90 days, or both.