Dutchess County , NY
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[HISTORY: Adopted by Dutchess County as indicated in article histories. Amendments noted where applicable.]
Registration of manufacturers and retailers of sparkling devices — See Executive Law § 156-h.
Sale of sparkling devices — See General Business Law § 392-j.
Unlawful use of fireworks — See Penal Law § 270.00.
Licensing and regulation of fireworks — See Penal Law Art. 405.
Consumer protection — See Ch. 141.
[Adopted 4-13-2015 by L.L. No. 3-2015]
On November 21, 2014, Governor Cuomo signed into law Chapter 477 of the Laws of 2014 (S.7888/A10141). This legislation 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 to no danger to the public and labeling them dangerous only restricts business and personal use. The Governor signed this version of the legislation into law in part due to its strong home rule authority, only allowing for the sale and use of "sparkling devices" in municipalities that affirmatively enact a local law authorizing such action. In keeping with Chapter 477 of the Laws of 2014, and Penal Law § 405.00(5)(b), this Legislature further finds and determines that "sparkling devices" may be sold, distributed and used within Dutchess County only in the manner described below. This Legislature finds that allowing our residents the use of "sparkling devices" will benefit them and our local businesses.
As used in this article, the following terms shall have the meanings indicated:
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 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.
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.
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:
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 grain) 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.
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.
By enacting this article, this Legislature specifically excludes sparkling devices from the definition of "fireworks" and "dangerous fireworks" as those terms are defined in New York State Penal Law § 270.00(1).
This Legislature hereby determines that the sale and distribution of sparkling devices within Dutchess County is permitted in accordance with New York State Executive Law § 156-h and General Business Law § 392-j.
Only persons over the age of 18 years old may purchase sparkling devices.
All persons who use sparkling devices shall do so in accordance with all applicable federal, state and local laws, rules and regulations.