Council seeks repeal of fireworks law
POTTSTOWN » If you’re one of those people who has been setting off fireworks for a month, and at all hours of the day and, most especially, at night, borough council is not too happy with you.
Although not on the agenda for the Wednesday night work session, the subject was on every council member’s lips, just like everyone else.
The Pottstown Fire Department answered 15 to 20 calls on July 4th alone, said Chief Frank Hand, a high point in an already busy 30-day period.
“Nothing major, mostly just boxes and packages catching fire, but still, it was a lot,” he told council.
Police Chief Michael Markovich said the department received more than 100 911 calls over the weekend that were all fireworks complaints.
“The legislature did us no favors in 2017 when they passed a new fireworks law, essentially gutting all the local ordinances,” said Borough Solicitor Charles D. Garner Jr.
Pennsylvania’s fireworks law was loosened two years ago to allow larger and more powerful “Class C” consumer-grade fireworks including aerial devices like rockets, mortars, roman candles, and powerful firecrackers containing up to 50 milligrams of explosive material. Previously, Pennsylvania law only allowed sparklers and non-airborne novelties.
State Sen. Andrew Dinniman, D-19th Dist., has already announced he will support the law’s repeal, a measure introduced by state Sen. Judy Schwank, D-11th Dist.
The fireworks measure was added in Act 43, a tax code bill passed as part of the state budget. It was designed to fill a budget gap by raising revenue through expanded licensing and fees, including a 12 percent tax on sales of consumer fireworks, in addition to the state’s traditional 6 percent sales tax.
Between the end of 2017 and mid-2019, the tax raised $8.2 million in revenue. Preliminary estimates show it is on track to bring in about that much in 2019-20.
But the problems caused by the combination of looser fireworks restrictions and the absence of major displays due to the COVID-19 pandemic leading
to excessive and prolonged use of them “is being talked about across the state,” Garner said.
According to the state law, fireworks are only allowed to be set off 150 feet from the nearest structure. “I’m not sure there is a place in the borough where you are 150 feet away from any structure,” said Garner.
But that hasn’t seemed to stop people.
Councilwoman Lisa Vanni said “there were fireworks set off 10 feet from my front door. It was so close, some of my bushes got singed.”
Markovich says as it stands now, the most police can do is issue a citation for anyone violating the restrictions, but “we’re kind of handcuffed because we have to see the person set them off.”
He confirmed Councilman Ryan Procsal’s suspicion that a camera image would be enough evidence to warrant a citation.
What can be leveraged, said Garner, is the borough’s noise ordinance, which forbids excessive noise after 9 p.m. on weekdays and after 11 p.m. on weekends. The fine for violating the noise ordinance ranges from $600 to $1,000.
“If people keep setting them off, we’re going to be enforcing it if I have to get Mick out of bed every night,” said Mayor Stephanie Henrick. “Fourth of July is over,” added Councilwoman Trenita Lindsay.
Hand said he has been in contact with a fire chiefs association that plans to send a letter to legislators pushing for the law to be made more restrictive. At Council President Dan Weand’s urging, Garner will also pen a letter for council to send.
Henrick, who has regular contact with mayors of other boroughs in Montgomery County, said she is sure those mayors and borough councils would sign it as well.
“I guess we’ll take the lead then,” said Weand.
This article first appeared as a post in The Digital Notebook blog.