The Mercury (Pottstown, PA)

Amity drafting fireworks ordinance

- By Denise Larive For Digital First Media

AMITY » Amity Township residents will soon need to know if they are 150 feet from an occupied structure before dischargin­g aerial fireworks.

Although the state’s Fireworks Law, Act 43 of 2017, effective Oct. 30, includes that restrictio­n, Amity Township does not yet have a fireworks ordinance.

The township board of supervisor­s is drafting an ordinance and will include that limitation, as well as guidelines for violations, warnings and subsequent fines.

Solicitor Brian F. Boland said at the board’s Sept. 5 meeting that the ordinance will incorporat­e provisions and language from the state’s Fireworks Law.

“Now (after the ordinance is adopted), the second time police

go out [to a possible fireworks violation], they can enforce the ordinance,” said Boland.

Currently, the township’s only law against fireworks is contained in Section 112 of its “Code of Conduct.” Section 112 restricts the sale, use, and discharge of fireworks, firecracke­rs, sparklers, or other pyrotechni­cs in any public or private place, unless authorized by state law.

Before any fireworks could be discharged, an insurance certificat­e with proof of between $300,000 and $1 million coverage must be provided in order to obtain a permit from the township or its police chief.

As of Oct. 30, Pennsylvan­ia’s Act 43 permits “consumers” in Pennsylvan­ia to purchase and use “aerial fireworks.”

Aerial fireworks include sky rockets, bottle rockets, missile-type rockets, helicopter or aerial spinners, roman candles, mine and shell devices and aerial shell kits, and audible ground devices such as firecracke­rs and chasers.

“We can create a law, but they’ll do what they want,” said Supervisor Terry L. Jones, referring to township residents.

Supervisor Kevin Keifrider said July 18 that an ordinance wouldn’t fix the issue.

“They are setting them off now in the subdivisio­ns — no one has 150 feet,” Keifrider said.

“People who use fireworks, don’t use their heads,” said Jones, adding, “Look at the last two months.”

Amity Police Chief Andrew Kensey said police received 14 complaint calls about fireworks from July 1 to 5. He said many complaints were also received before and after the July 4 holiday.

“No one was hurt, and most people were compliant after police were called out,” said Kensey at the board’s July 18 meeting.

“A majority of the houses are constructe­d of wood and siding, and fireworks could easily cause damage.”

“The board should focus on a specific ordinance of what people can and can’t do, or we would confiscate them all,” said Kensey.

Board Chairwoman Kimberly J. McGrath said one key point of the state law are the words “occupied structure,” defined there as “a structure, vehicle or place adapted for overnight accommodat­ion of persons or for conducting business whether or not a person is actually present.”

“We should further define occupied structure,” said McGrath, “is it a barn or garage?”

Boland said the state law also requires obtaining a township permit for profession­ally discharged large “display” fireworks, along with a minimum $50,000 bond to cover damages.

“The (minimum) bond should cover the cost of a home,” Keifreider said.

In other business, the board unanimousl­y approved to allow deer hunting on Monocacy Hill, Geigertown Road, from Nov. 26 through Dec. 8, with the exception of Dec. 2. Hunting signs will be posted on the hill.

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