Solicitors:
You may be interested in the email message from Amy Sturgis at the Pennsylvania Municipal League to municipal officials, conveying options for the adoption of a Fireworks Law Ordinance. Note Ms. Sturgis’ summary of the options. The revised Fireworks Law goes into effect tomorrow.
William W. Warren, Jr.
Moderator PML Listserv
Saul Ewing Arnstein & Lehr LLP
2 North Second Street, Suite 700
Harrisburg, PA 17101
Office (717) 238-7698 | Cell (717) 979-5570
william.warren@saul.commailto:william.warren@saul.com
From: Amy Sturges asturges@pml.org
Sent: Thursday, September 8, 2022 12:40 PM
To: Amy Sturges asturges@pml.org
Cc: John Brenner JBrenner@pml.org
Subject: Model Ordinances for New Fireworks Law - Act 74
Importance: High
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Dear League and PSATC Officials,
The amended Fireworks Law, Act 74 of 2022, goes into effect tomorrow, September 9. We are pleased to be able to provide you with several model ordinances to help you use the new tools provided in Act 74.
Under Section 1106 of the Law, a municipality may use an application and permitting process to grant permission to prospective consumer fireworks users. This process can be used in any municipality.
Section 1106 also contains a provision allowing dense municipalities, where local officials determine the use of consumer fireworks is prohibited by the 150 foot clearance from any buildings or vehicles rule, to adopt an ordinance specifically prohibiting the use of consumer fireworks. This authorization did not exist in the 2017 law.
Therefore, please refer to the attached:
Model 1 - provides a consumer fireworks permitting process
Model 2 - provides a consumer fireworks prohibition
Model 3 - provides a consumer fireworks permit by exception process
Because Act 74 is a re-codification of the entire Fireworks Law, we also included language in the models for the permitting of display fireworks. Display fireworks are the large, professionally-set fireworks. Municipalities have always had authority to authorize their use through a permitting process and this was carried forward in the new law.
Finally, we wanted to point out that Section 1106 also contains language authorizing other possible ways to limit consumer fireworks, such as through a noise or nuisance ordinance.
If your municipality is interested in curbing consumer fireworks use, please discuss the various models with your solicitor to determine the best ordinance for your municipality.
We hope you find these models helpful. Please contact me with any questions.
Amy
AMY STURGES Deputy Executive Director - Advocacy
asturges@pml.orgmailto:asturges@pml.org • 717-236-9469 ext. *225
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