When: Lancaster City Council committee meeting, Oct. 3.
What happened: Council reviewed proposed ordinance changes that would clearly prohibit commercial-grade fireworks on public property and the majority of private property in the city. The changes would increase the fine for shooting them off to $500 for a first offense and up to $1,000 for repeat offenses. The existing fine is $100.
Why now: In July, Gov. Tom Wolf signed newly passed fireworks legislation after years of objections from opponents of less stringent 2017 legislation. The new state law, which took effect in September, means municipalities now have more freedom to pass fireworks ordinances and can opt to boost fines. Municipalities could, for example, choose to forbid fireworks between 10 p.m. and 10 a.m. on most days. State law says municipalities aren’t allowed to prohibit them before 1 a.m. after July 2, 3, 4 and Dec. 31, as well as some additional weekend days on years that July 4 falls on a Tuesday, Wednesday or Thursday. However, there are conditions in state law that trump any time frame. For example, on no day or time can commercial-grade fireworks be set off anywhere in Pennsylvania within 150 feet of a building or vehicle, even if that building or vehicle is owned by the person setting off the fireworks.
Too close: There are only a few spots in the city that aren’t within 150 feet of a building, meaning fireworks are essentially already banned there, said Mayor Danene Sorace. She said staff looked at geographic information system data and found between 13 and 16 city parcels that might have a spot falling outside that range. The proposed changes do outline a process for applying for a fireworks permit in the city — basically to address that tiny group of properties that aren’t automatically excluded by the 150-foot rule. City-sponsored events and the Lancaster Barnstormers would be able to continue their fireworks, police Chief Richard Mendez told council.
Which ones: The proposed ordinance does not apply to things like sparklers or smaller options that shoot sparks on the ground, Mendez said. Commercial-grade fireworks include things like firecrackers, Roman candles, bottle rockets and similar fireworks that contain a maximum of 50 milligrams of explosive material, according to the Pennsylvania State Police website. Higher power “display fireworks” can only be used by professionals with a permit from the municipality where they are to be used, per that site.
Enforcement: Council President Ismail Smith-Wade-El asked what enforcement plans were in place for next summer. Sorace said that has yet to be pinned down but that increased fines would likely be a deterrent. “I have a feeling that we’ll see a sharp decline in the utilization of fireworks and many more residents who know that it’s illegal calling about their neighbors,” she said. Mendez agreed. “We don’t want to come heavy-handed and cite everybody,” he said. “The most important thing is getting the (message) out there — well in advance of some of the major holidays like July Fourth — that, ‘Hey, we are not going to tolerate this anymore.’ … That’s the first big step. But, obviously enforcement is a potential, yeah.”
Quotable: “The challenges of enforcement notwithstanding, this is a major breakthrough for us,” Sorace said. “We already had one fire in the city as a result of fireworks. Fortunately, there was no loss of life. But that’s not been the case in other communities.”
What’s next: Council will give an official first reading to the proposed changes on Oct. 11 and could vote on Oct. 25.
In other business: Council was asked to consider a projection easement (used when things like entrance coverings stick out into the right of way) at 202 N. Queen Street for what city Chief Planner Douglas Smith said is a proposed 12-story building with 142 residential units with ground floor commercial space at the corner of Queen and Chestnut streets. There’s an empty parking lot there now. “This is very far along in the land development process, and we expect to see this before Planning Commission within the next month,” Smith said.
