PRINTER'S NO. 4109
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2670
Session of
2020
INTRODUCED BY FREEMAN, HELM, SCHWEYER, HOHENSTEIN, MERSKI,
McNEILL, KNOWLES, HANBIDGE, HILL-EVANS, GREEN, HOWARD,
VITALI, T. DAVIS, SANCHEZ, HARKINS, PASHINSKI, ROZZI, DALEY,
KINSEY, DRISCOLL, READSHAW, STURLA, MULLERY AND DEASY,
JULY 8, 2020
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JULY 8, 2020
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in general provisions, providing for
health and safety and for the offense of consumer fireworks
misuse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Subchapter B of Chapter 13 of
Title 53 of the Pennsylvania Consolidated Statutes is amended to
read:
SUBCHAPTER B
[(Reserved)] HEALTH AND SAFETY
Sec.
1321. (Reserved).
1322. (Reserved).
1323. (Reserved).
1324. Rules and regulations of consumer fireworks.
Section 2. Title 53 is amended by adding sections to read:
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§ 1321. (Reserved).
§ 1322. (Reserved).
§ 1323. (Reserved).
§ 1324. Rules and regulations of consumer fireworks.
(a) Authorization.-- Except for the limitations under
subsection (b), a borough, city, township or town may enact an
ordinance providing for conditions, prohibitions and limitations
on the use of consumer fireworks that are not in conflict with
Article XXIV of the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971. Notwithstanding a valid license
issued by the department on the effective date of this section,
a borough, city, township or town may enact an ordinance
providing for conditions, prohibitions and limitations on the
sale of consumer fireworks that are not in conflict with Article
XXIV of the Tax Reform Code of 1971.
(b) Ordinances.--The ordinance permitted under subsection
(a) shall comply with the provisions of use and sale of consumer
fireworks under Article XXIV of the Tax Reform Code of 1971 and
provide for the following:
(1) A person may only use consumer fireworks between the
hours of 10:00 a.m. and 9:00 p.m. on Sunday through Thursday
and 10:00 a.m. and 10:00 p.m. on Friday and Saturday, except:
(i) When July 4 is a Friday or Saturday, consumer
fireworks may be used until midnight and an additional
hour into the following day before consumer fireworks can
resume in accordance with the time frames set forth under
this paragraph;
(ii) When July 4 is a Sunday through Thursday,
consumer fireworks may be used until midnight;
(iii) On Memorial Day and Labor Day, consumer
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fireworks may be used until midnight; and
(iv) On December 31, consumer fireworks may be used
until midnight and an additional hour into the following
day before consumer fireworks can resume in accordance
with the time frames set forth under this paragraph.
(2) A facility licensed by the department under section
2408 of the Tax Reform Code of 1971 shall conspicuously post
or provide written notice with each purchase of consumer
fireworks that provides the conditions and prohibitions for
use of consumer fireworks under section 2404 of the Tax
Reform Code of 1971, notification of the provisions under
paragraph (1) providing for hours and times of usage and that
additional conditions, prohibitions and limitations may be
implemented by a borough, city, township or town.
(c) Penalties.--A person using consumer fireworks in
violation of the provisions of this subchapter commits:
(1) For the first offense, a summary offense and, upon
conviction, shall, in addition to any other penalty
authorized by law, be punishable by a fine of not less than
$100 nor more than $500.
(2) A subsequent offense under this subsection committed
within one year of a prior conviction under this paragraph
shall constitute a misdemeanor of the third degree and, upon
conviction, shall, in addition to any other penalty
authorized by law, be punishable by a fine of not less than
$500 and not more than $1000.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Consumer fireworks." As defined in section 2401 of the act
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of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
"Department." The Department of Agriculture of the
Commonwealth.
Section 3. This act shall take effect in 60 days.
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