[HISTORY: Adopted by the Albany County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-14-2020 by L.L. No. 7-2020]
The New York State Legislature approved, and the Governor of
New York signed into law, Chapter 477 of the Laws of 2014 that amended
the New York State Penal Law, the Executive Law and the General Business
Law to place further restrictions on dangerous fireworks while at
the same time recognizing that certain fireworks should not be labeled
dangerous.
The Governor signed this bill into law in part due to New York's
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.
Thereafter, Chapter 371 of the Laws of 2017 amended the previous
grant of home rule authority, and legalized the sale and use of sparkling
devices throughout the state, outside of New York City. This amendment
did not require counties to opt in; instead, it allowed them to opt
out.
Since the passage of Local Law No. 1-2016, which legalized sparkling
devices in Albany County, significant problems have arisen due to
members of the public engaging in the practice of lighting off fireworks
at all hours of the night. The scope and use of sparking devices anticipated
in 2016 when Albany County opted in has grown into something entirely
different. These devices are far more powerful than originally envisioned.
This has significantly affected the quality of life and safety of
the residents of the County. While this Legislature cannot stop the
conduct of all those using sparkling devices irresponsibly, it can
do its part to limit their ability to obtain these tools of nuisance.
Therefore, the purpose of this articles is to prohibit the previously
believed to be safe sparkling devices from being sold or used in Albany
County.
As used in this article, the following terms shall have the
meanings indicated:
As defined in New York Penal Law § 270.00.
The sale and use of sparkling devices is hereby prohibited within
the County of Albany.
A.
Any person who shall use or explode a sparkling device, or cause
an exploding 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 or persons, shall be guilty of
a Class B misdemeanor, punishable by a fine of $1,000 and 15 days
in jail.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect January 3, 2021.
