[HISTORY: Adopted by the Suffolk County Legislature 3-5-1996 by L.L. No. 6-1996 (Ch. 435 of the 1985 Code). Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES751a Uncod LL Pro
Drugs and drug products — See Ch. 423.
Graffiti — See Ch. 502.
Laser pointers — See Ch. 555.
Pipe bomb materials — See Ch. 651.
Tobacco products — See Ch. 792.
This Legislature hereby finds and determines that the use of smoke bombs by individuals under 18 years of age is increasing and constitutes a public nuisance and a primary cause of vandalism and property destruction.
This Legislature further finds and determines that these smoke bombs, the main ingredient of which is sulfur, are the size of a large olive and are of varying colors and are often sold by ice cream vendors traveling in trucks throughout many Long Island neighborhoods.
Therefore, the purpose of this chapter is to prohibit the sale of smoke bombs to minors under 18 years of age within the County of Suffolk on a year-round basis in order to protect juveniles from each other and to protect the public from vandalism, destruction of property and personal injuries, all pursuant to the authority of this Legislature to promote the health, safety and general welfare of the citizens of this County.
As used in this chapter, the following terms shall have the meanings indicated:
- Individuals; natural persons; partnerships; joint ventures; societies; associations; clubs; corporations; unincorporated groups of any members; or officers, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.
All persons within the County of Suffolk who sell or offer for sale smoke bombs shall post a conspicuous sign, containing all capital lettering not less than one inch in height on a contrasting background, summarizing the prohibitions contained in § 751-3 of this chapter and further stating "UNDER PENALTY OF CRIMINAL PROSECUTION."
Any intentional violation of § 751-3 of this chapter shall constitute an unclassified misdemeanor and shall be punishable by a fine of up to $1,000 and/or a term of imprisonment not to exceed six months. Furthermore, it is the recommendation of this Legislature that, where appropriate, the court imposing punishment require those who commit acts of vandalism or destruction with smoke bombs illegally purchased under § 751-3 of this chapter also restore the property so damaged.
This chapter shall apply only to actions occurring on or after the effective date of this chapter.