NEPA mayors seek repeal of state fireworks sales law

Jun. 25—The mayors of Scranton and six other area municipalities want state legislators to repeal a controversial 2017 law allowing the sale of aerial fireworks to the public.

They recently joined together in an open letter "to express their distress with the increased use of consumer-grade Roman candles, bottle rockets and other aerial fireworks, which were made legal to purchase in Pennsylvania under Act 43 of 2017."

Scranton Mayor Paige Gebhardt Cognetti joined mayors George Brown of Wilkes-Barre; Mike Lombardo of Pittston; Jeff Cusat of Hazleton; Kevin Coughlin of Nanticoke; Derek Slaughter of Williamsport; and Paul Roberts of Kingston in signing the letter.

The effort comes about a year after Scranton strengthened its fireworks rules following an accidental death and a deluge of complaints from residents. A 31-year-old South Scranton man, Corey Buckley, was killed instantly late last June when the commercial-grade firework he was attempting to deploy exploded.

The city prohibits use of consumer-grade fireworks between the hours of 9 p.m. and 7 a.m. — with exceptions made for New Year's Eve, Memorial Day, Independence Day and Labor Day — and imposes an up to $300 fine for fireworks violations. It also prohibits use of the devices on city property.

But issues caused by consumer-grade fireworks persist, frustrating residents disturbed by the explosions. The mayors' letter notes that, last year, residents were "besieged daily, from sundown to sunrise, with the constant deafening noise and reverberation of these fireworks."

They expect it to continue this year to the detriment of elderly residents, people with young children and pets and those who suffer from post-traumatic stress disorder. When city police respond to fireworks complaints, the incidents are often over by the time they arrive, Chief Leonard Namiotka said.

"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 reads. "Residents fear that these aerial fireworks may land on their homes and cause damage to their properties and harm to their families. There is no way to predict where the aerial fireworks will land."

The 2017 fireworks law established several restrictions. For example, consumer-grade fireworks can't be discharged from or within a motor vehicle or building, toward a motor vehicle or building or within 150 feet of an occupied structure. The mayors' letter notes it's often difficult to find such open space in many densely populated local communities, but also notes Act 43 "preempts municipalities from regulating consumer fireworks via a municipal ordinance."

"As mayors, we are asking our elected representatives to adopt legislation to repeal Act 43," the letter continues. "Additionally, we request that municipalities be allowed to set their own firework regulations so that the ordinances can protect the safety of its residents."

A letter Scranton residents can download, sign and send to Gov. Tom Wolf, state Sen. Marty Flynn, D-22, Scranton, and state Rep. Kyle Mullins, D-113, Blakely, seeking the repeal of Act 43 is available online at scrantonpa.gov.

Contact the writer: jhorvath@timesshamrock.com; 570-348-9141; @jhorvathTT on Twitter; smocarsky@citizensvoice.com; 570-821-2110; @MocarskyCV on Twitter.