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City to tackle state fireworks rules with amendments to its own law

By Mark Maroney 4 min read

City officials are clamping down on the heels of a new state law that allows people to buy and use larger fireworks.

In response to numerous complaints about explosions taking place throughout the summer -- even before Independence Day as well as during it and afterward -- City Police Capt. Jody Miller has drafted a proposal that will be sent to City Council's public safety committee.

The proposal calls for limiting the use of all fireworks to between 8 a.m. to 10 p.m. between June 27 and July 6, Miller said this week.

State law prohibits them from being used 150 feet from any occupied structure and from being aimed toward houses or vehicles.

Each violation can carry a fine of up to $1,000, according to Norm Lubin, city solicitor.

"Most of the time, the police arrive and speak to those using them and issue a warning," he said.

The fine is reserved for repeat offenders, according to Lubin.

Noisemakers

The trouble started after passage, in October 2017, of a state law repealing a 1939 law and opening up the sale and purchase of fireworks that previously only could be bought in state's adjacent to Pennsylvania, he said.

Now, anyone age 18 or older may sell, buy and use loud mortars and fireworks that produce aerial shows similar to the professionals organize.

However, nearly everyone igniting them in the city is in violation of the state law, according to one zoning administrator.

"There are few places that are 150 feet

from a structure in the city, and usually in a parking lot there are vehicles," said Gary Knarr, city zoning administrator.

Some people have decried the seemingly unending sound of explosions at all hours of the day and night.

For Joseph Fioretti, who lives near Anthony Street, the thunderous explosions late at night are unacceptable.

"The big stuff has no place in the city," he said, adding he listens to the nightly sounds of what are illegal M-80s and other bombs exploding.

"The sound bounces off the houses," he said.

City resident and Pastor Spencer Sweeting said the sound of the more powerful explosive fireworks has resembled a re-enactment of Civil War cannon fire.

"(I'm) not too happy," said Chris Bird, a city resident and dog owner. "There's some awfully heavy artillery being used very close to homes."

City resident Ron Diemer said people need to be considerate and shoot off what they have left during weekends, not during early weekday mornings.

Such inconsiderate and illegal use of fireworks also has earned the notice of City Council.

Councilman Derek Slaughter, of the safety committee, said the amendment drafted by Miller should be reviewed in a few days, and the committee may have more to contribute or may receive information from the public.

For those who must get up early in the morning, or who have frightened children or pets, the bangs and high-pitched whistles are unacceptable, he said.

"The police and fire departments are working on updating our fireworks ordinance to reflect the new laws," Slaughter said. "It is our goal to have that in place by next year."

The amended ordinance must be approved by council, he said, and the proposed changes should help reduce concerns expressed by many city residents.

Bigger and louder

The legalization of the sale of the larger pyrotechnics was given overwhelming approval by the state Legislature and signed by Gov. Tom Wolf.

It repealed the 1939 law and open sales up for larger brands. It was voted favorably by state Rep. Jeff Wheeland, R-Loyalsock Township.

"They were coming in anyhow," said Wheeland, when asked why he voted the way he did.

The fireworks, legal in contiguous states, were slipping across the borders and use of them was getting progressively worse by the year, he said.

"It's not only the city," said Wheeland, who added he has been awakened by the blast of the mortars in his neighborhood well past midnight.

"That shows a complete lack of respect for people who go to bed and either have to work the next morning or those with youngsters trying to get them to bed, not to mention animals that are deathly afraid of the noises," Wheeland said.

Once the "newness" and novelty wears thin, hopefully common sense will prevail, he said.

Asked about noise level measurements as a tool to curb the loudness, Knarr, who said codes officers are the ones trained to use the decibel meters, do so whenever they see or get a complaint about amplified music.

It doesn't make much sense to measure the effects of fireworks afterward, he said.

The amendment to the ordinance on fireworks should help, he said.

Starting at /week.