[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire insurance claims — See Ch. 265.
[Adopted 9-1-2015 by L.L.
No. 4-2015]
This article shall be known as "The Sparkler Act."
A.
The purpose of this article is to exclude "sparkling devices," commonly
known as "sparklers," from the dangerous fireworks definition as permitted
by New York State Penal Law § 405(b).
B.
On November 21, 2014, Governor Cuomo signed into law Chapter 477
of the Laws of 2014 (S.7888/A10141). This law amended the State Penal
Law, the Executive Law and the General Business Law, placing further
restrictions on dangerous fireworks while at the same time recognizing
that certain fireworks should not be labeled dangerous when they pose
little danger to the public, and that by labeling them dangerous only
restricts business and personal enjoyment.
C.
The Governor signed this version of the bill into law in part due
to its strong home rule authority, only allowing for certain fireworks
to be sold and used in municipalities that affirmatively enact a local
law authorizing such action.
D.
In keeping with Chapter 477 of the Laws of 2014 and Penal Code Section
405, this Legislature finds and determines that "sparkling devices"
may be sold and enjoyed, only in the manner described below, with
certain restrictions, within Rockland County.
E.
The Legislature finds that allowing our residents the use of safe
"sparkling devices" will benefit them and our local businesses.
As used in this article, the following terms shall have the
meanings indicated:
The County of Rockland, New York.
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: 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.
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.
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.
This article shall apply to any and all actions occurring on
or after the effective date of this article.
