Pennsylvania's Act 74 of 2022 legalizes consumer fireworks statewide for anyone 18 or older and preempts a total local ban. The City of Allentown's Chapter 291 (Fireworks) restricts use between 10:00 p.m. and 7:00 a.m., bans discharge within 150 feet of an occupied residential structure, and prohibits fireworks on City-owned property without a special permit from the Fire Marshal.
Fireworks in Allentown are governed by both Pennsylvania state law and a local time-and-place ordinance. State law (Act 74 of 2022, 3 Pa.C.S. Ch. 11) permits any person 18 or older to purchase, possess, and use 'consumer fireworks.' Per the Pennsylvania State Police Fireworks FAQ, consumer fireworks 'cannot be discharged within 150 feet of a building or vehicle regardless if the building or vehicle is owned by the user,' 'cannot be ignited or discharged on public or private property without express permission of the property owner,' and 'cannot be discharged while the person is under the influence of alcohol, a controlled substance or another drug.' State law lets municipalities limit the hours of use. The City of Allentown exercised that authority in Chapter 291 (Fireworks) of its Codified Ordinances, adopted 8-15-2018 by Ordinance No. 15474: no person may permit, make, or cause the ignition, discharge, or launch of consumer fireworks within the City between 10:00 p.m. and 7:00 a.m. Chapter 291 also bars discharge within 150 feet of an occupied residential structure and bans consumer fireworks on City-owned property (parks, buildings, streets, sidewalks, and rights-of-way) unless the user secures a special permit from the Fire Marshal, who may authorize an infrequent celebratory, memorial, festival, or sporting event.
Discharging consumer fireworks during the prohibited 10 p.m.-7 a.m. window, within 150 feet of an occupied structure, on City property without a Fire Marshal permit, or without the property owner's permission violates Allentown Chapter 291 and PA state law (a summary offense under 3 Pa.C.S. Ch. 11). Display (professional) fireworks require a permit and a licensed pyrotechnician.
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