[HISTORY: Adopted by the Borough Council of the Borough of Lewistown 6-22-2022 by Ord. No. 2022-3.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 161 but was renumbered during codification to maintain the organization of the Code.
A. 
The Borough of Lewistown hereby adopts Act 43 of 2017 (72 P.S. § 9401 et seq.[1]), and as amended, as its Fireworks Law within the jurisdiction of the Borough of Lewistown for regulating the use of consumer fireworks.
[1]
Editor's Note: Act 43 of 2017 was repealed 7-11-2022 by Act 74 of 2022. See now 3 Pa.C.S.A Ch. 11.
B. 
The Borough of Lewistown adopts the following definition from Act 43 of 2017. "Consumer fireworks" means:
(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 this commonwealth.
(2) 
The term does not include devices 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 this commonwealth.
C. 
In the event that there is a conflict between this chapter and Act 43 of 2017, it is the intention of the Borough Council of the Borough of Lewistown that the provisions of this chapter shall be applicable.
A. 
Whereas the Borough Council of the Borough of Lewistown finds that the use of fireworks within the Borough constitute a threat to health and safety that requires regulation, it is hereby ordained and enacted that no person shall be permitted to ignite or discharge consumer fireworks or allow the ignition or discharge of consumer fireworks from any real property in the Borough of Lewistown, except as set forth in § 122-3.
B. 
A person may not, at any time, intentionally ignite or discharge:
(1) 
Consumer fireworks on public or private property without the express written permission of the owner or tenant.
(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.
Only during the first week of July of each year (from July 1 up to and including July 7 of each year) consumer fireworks may be ignited or discharged between the hours of 7:00 p.m. and 10:00 p.m., on private property, and under the supervision of an adult; provided, however, that no person shall be permitted to ignite or discharge consumer fireworks on the streets of the Borough of Lewistown, the sidewalks of the Borough of Lewistown or any property owned by the Borough of Lewistown, including, without limitation, all of the Borough's parks and public buildings.
Pursuant to Section 2415 of Act 43[1] (72 P.S. § 9415) the Borough of Lewistown police shall take, remove or cause to be removed and destroyed at the expense of the owner all stocks of consumer fireworks or display fireworks or combustibles in the owner's possession when an owner is in violation of this chapter. The owner shall also be responsible for the storage and, if deemed necessary, the destruction of those fireworks.
[1]
Editor's Note: Act 43 of 2017 was repealed 7-11-2022 by Act 74 of 2022. See now 3 Pa.C.S.A. Ch. 11.
Any person who fails to comply with the provisions of this chapter commits a summary offense and, upon conviction, shall pay a fine to the Borough of Lewistown not to exceed $1,000 per violation and may be imprisoned to the extent allowed by law for the punishment of a summary offense.