[HISTORY: Adopted by the Board of Commissioners of the Township of Bethlehem 9-8-2020 by Ord. No. 04-20. Amendments noted where applicable.]
This chapter shall be known as the "Consumer Fireworks Regulations Ordinance."
The following terms shall have the meanings ascribed unless a contrary meaning is expressly set forth in the text:
APA 871
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
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 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 this Commonwealth.
B. 
The term does not include devices 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 this commonwealth.
OCCUPIED STRUCTURE
A structure, vehicle or place adapted for overnight accommodation of persons or for conducting business whether or not a person is actually present.
A. 
Any ignition, discharge, or use of consumer fireworks must be by a person who is at least 18 years of age and meet the requirements of the Commonwealth of Pennsylvania statute, including but not limited to the Act, to purchase, possess, and use consumer fireworks.
B. 
The ignition or discharge of consumer fireworks is strictly prohibited except during the following dates and times.
(1) 
Memorial Day: 4:00 p.m. to 10:00 p.m.
(2) 
July 3: 4:00 p.m. to 10:00 p.m.
(3) 
July 4: 4:00 p.m. to 10:00 p.m.
(4) 
July 5: 4:00 p.m. to 10:00 p.m.
(5) 
Labor Day: 4:00 p.m. to 10:00 p.m.
(6) 
December 31: 7:00 p.m. to 11:59 p.m.
(7) 
January 1: 12:00 midnight to 12:30 a.m.
C. 
Prohibition. A person may not ignite or discharge:
(1) 
Consumer fireworks on public or private property without the express written permission of the owner;
(2) 
Consumer fireworks or sparkling devices within, or throw consumer fireworks from a motor vehicle or building;
(3) 
Consumer fireworks or sparkling devices into or at a motor vehicle or building or another person;
(4) 
Consumer fireworks or sparkling devices while the person is under the influence of alcohol, a controlled substance or another drug; and
(5) 
Consumer fireworks within 150 feet of an occupied structure.
A. 
This chapter shall be enforced by the Bethlehem Township Police Department.
B. 
Any person using consumer fireworks in violation of the provisions of this chapter commits a summary offense and, upon conviction before any Magisterial District Judge, shall be punished by a fine of not less than $50 nor more than $1,000, together with costs.
C. 
Any owner or tenant of real property within the Township of Bethlehem who permits use of consumer fireworks in violation of the provisions of this chapter commits a summary offense and, upon conviction before any Magisterial District Judge, shall be punished by a fine of not less than $50 nor more than $1,000, together with costs.