ARTICLE 0746

CONSUMER FIREWORKS

 

746.01.   Legislative Intent.
746.02.   Definitions.
746.03.   In General – Restrictions on Use of Consumer Fireworks.
746.04.   Violation by Property Owner or Fireworks Owner.
746.05.   No Use of Consumer Fireworks Permitted on City Property.
746.99.   Penalty.

 

CROSS-REFERENCES

Preventing Riots, 11 Pa.C.S. § 12422
Disorderly Conduct, 11 Pa.C.S. § 12432
Disorderly Conduct, 18 Pa.C.S. § 5503
Fireworks Law, 72 P.S. §§ 9401 - 9416
Disorderly Conduct, Article 705 of the Codified Ordinances of the City of Bethlehem

 

746.01.  LEGISLATIVE INTENT.

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.

746.02.  DEFINITIONS.

The following words and phrases when used in this Article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“APA 87-1.” 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.

“Consumer fireworks.”  (1) 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 Bethlehem.  (2) 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 City of Bethlehem.

“Person.” 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.

746.03.  IN GENERAL - RESTRICTIONS ON USE OF CONSUMER FIREWORKS.

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 Bethlehem between the hours of 9:00 PM and 9:00 AM, except that this Section shall not apply where the City of Bethlehem Fire Marshall 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.

746.04.  VIOLATION BY PROPERTY OWNER OR FIREWORKS OWNER.

It shall be a violation of this Article, Section 746.03, for the owner or tenant of real property within the City of Bethlehem to permit the ignition, discharge or launch of consumer fireworks by another person on or from such property between the hours of 9:00 PM and 9:00 AM.

746.05.  NO USE OF CONSUMER FIREWORKS PERMITTED ON CITY PROPERTY.

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 Bethlehem 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 Marshall,or his designee.  

746.99.   PENALTY.

Any person who violates any provision of this Article shall be subject to the following penalties:

(a) First violation - A fine of not less than $50.00 nor more than $100.00;

(b) Second violation - A fine of not less than $100.00 nor more than $300.00; and

(c) Third and Each Subsequent Violation - A fine of not less than $500.00 nor more than $1,000.00, or thirty days imprisonment, or both.

 

(Article 746 established by Ord. 2018-23, passed September 18, 2018)