[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.
CODE OF LOCAL LAWS REFERENCES
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:
- SPARKLING DEVICES
- 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:
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.