[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
[Adopted 3-5-1996 by L.L. No. 6-1996 (Ch. 435 of the 1985 Code)]
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 article 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 article, 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 article and further stating "UNDER PENALTY OF CRIMINAL PROSECUTION."
Any intentional violation of § 751-3 of this article 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 article also restore the property so damaged.
This article shall apply only to actions occurring on or after the effective date of this article.
[Adopted 4-24-2018 by L.L. No. 13-2018]
This Legislature hereby finds and determines that the New York State Legislature approved, and the Governor of New York signed into law, Chapter 371 of the 2017 Laws of the State of New York, which legalizes the sale and use of sparkling devices throughout the state, outside of New York City. This Legislature further finds that the state legislation which legalized sparkling devices also authorized counties to enact local legislation to prohibit the sale and use of sparkling devices within their jurisdiction. This Legislature finds that sparkling devices, which burn at 2000° Fahrenheit, pose an unacceptable risk to public safety. This Legislature also finds that sparkling devices cause a significant percentage of all injuries that are caused by fireworks each year and a majority of all fireworks injuries experienced by children under the age of five years old are caused by sparklers. This Legislature concludes that sparkling devices should continue to be prohibited in Suffolk County. Therefore, the purpose of this article is to prohibit the use and sale of sparkling devices within the County of Suffolk.
As defined in this article, the following term shall have the meaning indicated:
- SPARKLING DEVICES
- 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:
- A. Cylindrical fountain: 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 half an inch (12.7 millimeters), a maximum total weight of 500 grams of pyrotechnic composition shall be allowed.
- B. Cone fountain: 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.
- C. 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.
The sale and use of sparkling devices, as that term is defined in this article, are hereby prohibited within the County of Suffolk.
Any person who shall use or explode a sparkling device, or cause a sparkling device to be exploded, shall be guilty of a violation punishable by a fine not to exceed $500.
Any person who offers a sparkling device for sale, or sells or furnishes a sparkling device to another person 18 years of age or older, shall be guilty of a Class B misdemeanor, punishable by a fine of $1,000 and 15 days in jail.
Any person who offers for sale, sells or furnishes a sparkling device, as that term is defined in § 270 of New York Penal Law, to another person who is under the age of 18 shall be guilty of a Class A misdemeanor under § 270 of the New York Penal Law and subject to the penalties authorized for that class of offense under the Penal Law.
This article shall apply to all actions occurring on or after the effective date of this article.