Latrobe solicitor: Firecracker use in city violates state law

Anyone who sets off consumer-grade fireworks in Latrobe is likely violating the 2017 state law governing them, according to city solicitor Zachary Kansler.

Kansler told city council this week those who set off firecrackers, Roman candles, bottle rockets and similar items within city limits are breaking a section of the law that prohibits their use within 150 feet of an occupied structure.

“Pretty much every backyard in this municipality is within 150 feet of an occupied structure,” he said.

The law states “Class C” fireworks can’t be discharged on either private or public land without permission from the property owner.

Several council members acknowledged they weren’t aware of the 150-foot restriction until looking at the issue in more detail, and they reasoned few residents would have taken note of that language in the legislation.

Kansler said several communities he serves as solicitor have reported problems related to consumer fireworks, which may not exceed 50 milligrams of explosive material. The noisy fireworks can disturb neighbors and their pets.

Latrobe officials on Monday discussed the merits of possibly passing a more restrictive city ordinance. Kansler noted the state law’s $100 cap on the fine that can be assessed for a summary violation provides little deterrent. He said a local nuisance ordinance might increase the penalty to $1,000.

But Kansler noted city police would face the same challenge enforcing a local ordinance as they do with the state law.

“The officer has to be in the exact right place at the right time (to witness a violation) or have a tattle-tale neighbor who’s willing to testify at a hearing,” he said, noting neither of those scenarios is likely.

“I’m just not a big fan of adopting ordinances that we can’t enforce,” Mayor Rosie Wolford said.

“I feel we have a handle on it here,” police Chief John Sleasman said of fireworks violations, while noting there were some around the Fourth of July. “They start setting them off around the end of June.

“If we get a fireworks complaint and we show up and tell them to knock it off, that usually solves the problem.”

Police in other municipalities have reported “people are setting (fireworks) off and running back inside,” Kansler said. “They can’t even interact with the people and have a teaching moment.”

Sleasman suggested the city initiate a campaign next June to educate the public about the state fireworks legislation. Latrobe officials suggested using media, the message board at the municipal building and displaying posters to get the word out.

Councilman Ralph Jenko said a campaign should be tried later this year in an attempt to curb fireworks violations on New Year’s Eve.

Support for time limits

A Facebook survey recently conducted by state Sen. Kim Ward, R-Hempfield, indicated support for limiting the times when consumer fireworks can be discharged.

Of the roughly 1,500 who responded, 90% expressed support for banning fireworks between 10 p.m. and 8 a.m., except on holidays or for locally approved special events, Ward said. There was an 85% response in favor of limiting fireworks use to Fridays, Saturdays and Sundays, as well as holidays and special events.

In addition to time restrictions, Ward said, there seems to be a growing sentiment behind increasing penalties for violations.

Ward said she will continue to listen to her constituents’ thoughts about fireworks while comparing notes with fellow lawmakers.

“We’ll address this in some way,” she said.

The state legislature is back in session in September.