[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)]
A.
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.
B.
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.
C.
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 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: 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.
The sale and use of sparkling devices, as that term is defined
in this article, are hereby prohibited within the County of Suffolk.
A.
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.
B.
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.
C.
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.
