§ 1106. Rules and regulations by municipality.
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§ 1106. Rules and regulations by municipality.
(a)Authorization.--
(1)Except for the limitations under subsection (b), a municipality may enact conditions, prohibitions and limitations on the use and sale of consumer fireworks that are not in conflict with this chapter.
(1.1) Except for the limitations under subsection (b), a municipality may require a permit for the use of consumer fireworks. A fee for a permit shall be reasonable.
(1.2) A municipality may prohibit the use of consumer fireworks if the use of the consumer fireworks within the municipality cannot comply with section 1104(b)(5) (relating to use of consumer fireworks).
(2)Facilities with a valid license issued by the department under section 1108(a) or
(e)(relating to fees, granting of licenses and inspections) prior to or within one year following the effective date of this section shall not be subject to municipal conditions, prohibitions or limitations enacted under paragraph
(1)related to the sale of consumer fireworks.
(3)Except for the limitations under subsection (b), a municipality may enact the following restrictions on the use of consumer fireworks: Consumer fireworks may not be used between the hours of 10:00 p.m. and 10:00 a.m., except:
(i)on July 2, 3 and 4 and December 31, when consumer fireworks may be used until 1:00 a.m. the following day; and
(ii)when July 4 falls on a Tuesday, Wednesday or Thursday, consumer fireworks may be used until 1:00 a.m. on the immediately preceding and following Friday and Saturday.
(b)Limitations.-- Except for authority exercised under subsection (a)(1.2), no municipality shall restrict or regulate the use of consumer fireworks on the following days:
(1)The days listed in subsection (a)(3)(i) and (ii).
(2)Memorial Day, including the immediately preceding Saturday and Sunday.
(3)Labor Day, including the immediately preceding Saturday and Sunday.
03c1107s