The Ulster County Legislature finds that enacted state law Chapter
477 of the Laws of 2014 amended the State Penal Law, the Executive
Law, and the General Business Law with the intent to modernize the
statute dealing with illegal fireworks, provide additional definitions
of what constitutes fireworks and dangerous fireworks and remove certain
novelty devices, which are not recognized as fireworks by the federal
government, out of the definition of fireworks.
The Ulster County Legislature finds that the law, prior to the recently
enacted changes, was not used effectively due to poor definitions,
and courts had thrown out indictments due to these poor definitions.
Through the modernization of the statute and clearly defining the
terms fireworks, dangerous fireworks and novelty devices, the new
law provides law enforcement with an important tool in reducing the
use of illegal fireworks and homemade devices and encourages the use
of safe and legally regulated novelty devices.
The Ulster County Legislature finds that the new law allows sparkling
devices to be sold and used in municipalities that affirmatively enact
a local law authorizing the exclusion "sparkling devices" from the
definitions of "fireworks" and "dangerous fireworks."
The Ulster County Legislature finds that allowing residents and visitors
the opportunity to use safe "sparkling devices" will benefit them
and local businesses.
The Ulster County Legislature finds that only those who are 18 years
of age or older may purchase sparkling devices and that the sparkling
devices shall only be sold between June 1 and July 5 and December
26 and January 2 of each calendar year.
The Ulster County Legislature further finds that all distributors,
manufacturers, and retailers of sparkling devices must be licensed
through the New York State Department of State.
Pursuant to § 405(5)(b) of the New York State Penal Law
(Penal Law) and Penal Law § 270(3)(b)(v) as enacted by Chapter
477 of the Laws of 2014, "sparkling devices" shall be excluded from
the definition of "fireworks" and "dangerous fireworks" as those terms
are defined by Penal Law §§ 270(1)(a)(i) and 270(1)(b),
respectively.
The sale and use of "sparkling devices" as defined in Penal Law § 270(1)(a)(vi),
which is incorporated hereunder, shall be lawful in Ulster County,
provided that such sale and use are not in violation of §§ 156-h
and 377 of the Executive Law or any rules and regulations thereunder.
"Sparkling devices" are defined as follows: "Sparkling devices" which
are ground-based or hand-held devices that produce a shower of white,
gold, or colored sparks as their primary pyrotechnic effect. Additional
effects may include a colored flame, an audible crackling effect,
an audible whistle effect, and smoke. These devices do not rise into
the air, do not fire inserts or projectiles into the air, and do not
explode or produce a report (an audible crackling-type effect is not
considered to be a report). Ground-based or hand-held devices that
produce a cloud of smoke as their sole pyrotechnic effect are also
included in this category. Types of devices in this category include:
Cylindrical fountain: a cylindrical tube containing not more than
75 grams of pyrotechnic composition that may be contained in a different
shaped exterior such as a square, rectangle, cylinder or other shape
but the interior tubes are cylindrical in shape. Upon ignition, a
shower of colored sparks, and sometimes a whistling effect or smoke,
is produced. This device may be provided with a spike for insertion
into the ground (spike fountain), a wood or plastic base for placing
on the ground (base fountain), or a wood or cardboard handle to be
hand held (handle fountain). When more than one tube is mounted on
a common base, total pyrotechnic composition may not exceed 200 grams,
and when tubes are securely attached to a base and the tubes are separated
from each other on the base by a distance of at least 1/2 inch (12.7
millimeters), a maximum total weight of 500 grams of pyrotechnic composition
shall be allowed.
Cone fountain: a cardboard or heavy paper cone containing not more
than 50 grams of pyrotechnic composition. The effect is the same as
that of a cylindrical fountain. When more than one cone is mounted
on a common base, total pyrotechnic composition may not exceed 200
grams, as is outlined in this subsection.
Wooden sparkler/dipped stick: These devices consist of a wood dowel
that has been coated with pyrotechnic composition. Upon ignition of
the tip of the device, a shower of sparks is produced. Sparklers may
contain up to 100 grams of pyrotechnic composition per item.
Novelties which do not require approval from the United States Department
of Transportation and are not regulated as explosives, provided that
they are manufactured and packaged as described below:
Party popper: small devices with paper or plastic exteriors
that are actuated by means of friction (a string or trigger is typically
pulled to actuate the device). They frequently resemble champagne
bottles or toy pistols in shape. Upon activation, the device expels
flame-resistant paper streamers, confetti, or other novelties and
produces a small report. Devices may contain not more than 16 milligrams
(0.25 grains) of explosive composition, which is limited to potassium
chlorate and red phosphorus. These devices must be packaged in an
inner packaging which contains a maximum of 72 devices.
Snapper: small, paper-wrapped devices containing not more than
one milligram of silver fulminate coated on small bits of sand or
gravel. When dropped, the device explodes, producing a small report.
Snappers must be in inner packages not to exceed 50 devices each,
and the inner packages must contain sawdust or a similar, impact-absorbing
material.