NEPA mayors want power to regulate fireworks, bill pending in Harrisburg

WILKES-BARRE — Mayors from Northeastern Pennsylvania want to use their collective voice to call for changing the state law responsible for fireworks free-for-alls in their communities.

In a letter Thursday to legislators, the group requested a repeal of Act 43 and allowing municipalities the power to muffle the noise. Wilkes-Barre Mayor George Brown, one of the seven signers, said they want to use their clout to get their point across.

If legislators hear from the elected leaders representing more than 200,000 people in the region, Brown Friday said, they might take notice and say, “If the mayors are against it, it’s time to make a change.”

At issue is the 2017 law that allowed for the sale of consumer-grade fireworks, including Roman candles and aerial displays to people 18 and older, while generating revenue from the taxes imposed by the state.

The millions in tax revenue can’t compare to the price residents and pets pay in terms of peace and quiet and property damage, the mayors maintained.

“The additional 12% fireworks tax added to the State’s 6% sales tax is not worth the stress and unease caused by the constant noise of the fireworks,” the letter said.

Adding their names to the letter were:

• Scranton Mayor Paige Gebhardt Cognetti.

• Nanticoke Mayor Kevin Coughlin.

• Hazleton Mayor Jeff Cusat.

• Pittston Mayor Mike Lombardo.

• Kingston Mayor Paul Roberts.

• Williamsport Mayor Derek Slaughter.

Already the letter has drawn a response from lawmakers. Brown said he’s heard from state Rep. Eddie Day Pashinski, D-Wilkes-Barre, who along with other legislators are supporting House Bill 1628 to address the concerns raised by the group.

State Rep. Robert Freeman, D-Easton, introduced the bill week before the mayors’ letter was sent.

The legislation does not call for the repeal of the law as do the mayors, but it would give them the power to regulate the use of consumer fireworks.

Freeman opposed Act 43. “I could foresee the disruptions in the neighborhoods,” he said.

Another strike against it was the lack of input from mayors and other municipal leaders, Freeman said. Not enough opportunity was given to local governments to weigh in and provide them power to pass ordinances to enforce the use of fireworks.

The pending legislation would reverse that, giving them the authority to better regulate the use of fireworks and impose substantial penalties for violating local ordinances, Freeman said.

First offenses would be a summary charge carrying a fine between $100 and $500. The grade and penalty would increase to a third-degree misdemeanor with a fine between $500 and $1,000 if the offense was committed within a year of the first conviction.

The local laws could not conflict with state law.

The existing law prohibits the use of fireworks on public or private property without permission of the owner. Fireworks can’t be discharged from within a building or vehicle. They can’t be used within 150 feet of an occupied structure or by someone under the influence of alcohol, controlled substance or other drug.

Freeman’s law would set limits on the use of fireworks:

• Sunday through Thursday from 10 a.m. to 9.m.

• Friday and Saturday from 10 a.m. to 10 p.m.

• There would be extended hours for certain holidays.

In addition, notification of the conditions, prohibitions and limits would be included with the purchase of each consumer fireworks.

HB 1628 has been referred to the House Local Government Committee.

Legislation Freeman introduced last year didn’t get out of committee. This year could be different, however.

“We’ve been getting a good response,” Freeman said. Another Fourth of July of unfettered fireworks “might drive home” the need for his legislation, he said.

Lawmakers are likely to hear from Northeastern Pennsylvania residents as well.

Brown said another petition to collect signatures to send to Harrisburg is going to be undertaken just like was done last year. Another letter campaign will be mounted too, Brown said.