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.
STARTER PISTOL
Any pistol specifically designed to receive and discharge
blank cartridges only, or a similar pistol.
[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.