Article III: Fireworks and Sparkling Devices

As used in this article, the following terms shall have the following meanings:

Shall have the same meaning as the term "dangerous fireworks" is defined in the New York State Penal Law § 270.00(1)(b).

FIREWORKS

Shall have the same meaning as the term "fireworks" is defined in the New York State Penal Law § 270.00(1)(a).

SPARKLING DEVICE

Shall have the same meaning as the term "sparkling device" is defined in the New York State Penal Law § 270.00(1)(a)(vi).

§ 172-21 Applicability.

This article shall apply to all persons within the limits of the City of Newburgh.

§ 172-22 Possession, sale or use declared hazard and nuisance.

The possession, sale or use of fireworks, dangerous fireworks, or sparkling devices in the City of Newburgh is hereby deemed to constitute a hazard and nuisance to the health, safety and welfare of the public.

§ 172-23 Merger of terms.

Pursuant to New York State Penal Law § 405.00(5)(c), a sparkling device is hereby included within the definition of fireworks and dangerous fireworks.

§ 172-24 Penalties for offenses.

Any persons who shall violate any provisions of this article shall be punished as provided in the New York State Penal Law § 270 as applied and enforced by New York State Penal Law § 405.00.