[HISTORY: Adopted by the City Council of the City of Allentown 8-15-2018 by Ord. No. 15474 (Article 712 of the 1962 Codified Ordinances). Amendments noted
where applicable.]
Council finds that sudden or repeating late-night noise and
visual disturbances resulting from the ignition, discharge or launch
of consumer fireworks are detrimental to the physical, mental, and
social well-being of City residents as well as to their comfort, living
conditions, general welfare and safety, and peaceful enjoyment of
their residences and being therefore a public health and welfare hazard,
hereby declares it to be necessary to provide for the greater control
and more effective regulation of such noise and visual disturbances
within the City.
The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
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 provisions for "consumer fireworks," as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout the City of Allentown.
The term does not include devices such as ground and handheld
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 City of Allentown.
Any individual, association, general or limited partnership,
corporation, limited-liability company, professional corporation,
and any other similar entity, and includes any officer, employee,
department, agency or instrumentality of a state or any political
subdivision of a state. Whenever used in any clause prescribing and
imposing a penalty, "person" includes the individual members, partners,
officers, and managers of the association, general or limited partnership,
corporation, limited-liability company, professional corporation,
or other similar entity.
No person who owns, possesses or has control or supervision
of consumer fireworks shall permit, make or cause the ignition, discharge
or launch of such consumer fireworks within the City of Allentown
between the hours of 10:00 p.m. and 7:00 a.m., except that this section
shall not apply where the City of Allentown Fire Marshal or his designee
has issued a special permit, in his discretion upon application therefor,
expressly authorizing the ignition, discharge or launch of consumer
fireworks for an infrequent event or activity, such as, without limitation,
celebratory, memorial, festival and sporting events, during the prohibited
hours.
It shall be a violation of § 291-3 for the owner or tenant of real property within the City of Allentown to permit the ignition, discharge or launch of consumer fireworks by another person on or from such property between the hours of 10:00 p.m. and 7:00 a.m.
It is hereby established that the City does not permit and hereby
bans the ignition, discharge or launch of consumer fireworks by any
person on or from City of Allentown owned property, including, without
limitation, City-owned parks, buildings or structures, streets, sidewalks
and rights-of-way, unless such person upon application has secured
a special permit for the otherwise banned activity from the Fire Marshal
or his designee.
Pursuant to state law, a person may not intentionally ignite
or discharge consumer fireworks within 150 feet of an occupied residential
structure.
Any person who violates any provision of this chapter shall
be subject to the following penalties:
