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S04529 Memo:

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S04529 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        4529--D

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                    April 11, 2011
                                      ___________

       Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to said  committee  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to said committee

       AN ACT to amend the penal law,  in  relation  to  offenses  relating  to
         possession or sale of fireworks, sparkling devices and ammunition

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivisions 1, 2, and 3 of section  270.00  of  the  penal
    2  law,  as amended by chapter 180 of the laws of 1997, are amended to read
    3  as follows:
    4    1.  Definition of "fireworks" and "dangerous fireworks".
    5    (A) The term "fireworks," as used in this  section,  [is  defined  and
    6  declared  to  be  and  to  include  any blank cartridge, blank cartridge
    7  pistol, or toy cannon in which explosives are used, firecrackers, spark-
    8  lers or other combustible or explosive  of  like  construction,  or  any
    9  preparation  containing  any  explosive  or  inflammable compound or any
   10  tablets or other device commonly used and sold as  fireworks  containing
   11  nitrates,  chlorates,  oxalates,  sulphides  of  lead, barium, antimony,
   12  arsenic, mercury, nitroglycerine, phosphorus or any compound  containing
   13  any  of the same or other explosives, or any substance or combination of
   14  substances, or article prepared for the purpose of producing  a  visible
   15  or  an  audible effect by combustion, explosion, deflagration or detona-
   16  tion, or other  device  containing  any  explosive  substance  and  the]
   17  INCLUDES:
   18    (I)  DISPLAY  FIREWORKS,  WHICH  MEANS FIREWORKS DEVICES IN A FINISHED
   19  STATE, EXCLUSIVE OF MERE ORNAMENTATION, PRIMARILY INTENDED  FOR  COMMER-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05241-13-1
       S. 4529--D                          2

    1  CIAL  DISPLAYS  WHICH  ARE  DESIGNED  TO  PRODUCE VISIBLE AND/OR AUDIBLE
    2  EFFECTS BY COMBUSTION, DEFLAGRATION OR DETONATION,  INCLUDING,  BUT  NOT
    3  LIMITED  TO, SALUTES CONTAINING MORE THAN 130 MG (2 GRAINS) OF EXPLOSIVE
    4  COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
    5  TION  EXCLUSIVE  OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT
    6  EXCEED THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN  PYRO-
    7  TECHNIC ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION;
    8    (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
    9  SIONAL  USE  SIMILAR  TO  CONSUMER FIREWORKS IN CHEMICAL COMPOSITION AND
   10  CONSTRUCTION BUT NOT INTENDED FOR CONSUMER USE AND WHICH  ARTICLES  MEET
   11  THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND
   12  ARE  CLASSIFIED  BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49
   13  CFR 172.101 AS UN0431;
   14    (III)  SPECIAL  EFFECTS,  WHICH  MEANS  ANY  COMBINATION  OF  CHEMICAL
   15  ELEMENTS  OR  CHEMICAL COMPOUNDS CAPABLE OF BURNING INDEPENDENTLY OF THE
   16  OXYGEN OF THE ATMOSPHERE, AND DESIGNED AND INTENDED TO PRODUCE AN  AUDI-
   17  BLE,  VISUAL,  MECHANICAL,  OR  THERMAL  EFFECT AS AN INTEGRAL PART OF A
   18  MOTION PICTURE, RADIO, TELEVISION, THEATRICAL, OR OPERA  PRODUCTION,  OR
   19  LIVE ENTERTAINMENT;
   20    (IV)  CONSUMER  FIREWORKS  WHICH  ARE  AERIAL  IN  PERFORMANCE AND ARE
   21  COMMONLY REFERRED TO AS SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE  ROCK-
   22  ETS,  HELICOPTERS, AERIAL SPINNERS, ROMAN CANDLES, MINES, SHELL DEVICES,
   23  AERIAL SHELL KITS, RELOADABLES AND  AUDIBLE  GROUND  DEVICES  WHICH  ARE
   24  COMMONLY REFERRED TO AS FIRECRACKERS AND CHASERS; AND
   25    (V)  IN  CITIES  WITH  A  POPULATION  OF ONE MILLION OR MORE, THE TERM
   26  "FIREWORKS" SHALL ALSO INCLUDE  ANY  BLANK  CARTRIDGE,  BLANK  CARTRIDGE
   27  PISTOL, OR TOY CANNON IN WHICH EXPLOSIVES ARE USED, FIRECRACKERS, SPARK-
   28  LERS  OR  OTHER  COMBUSTIBLE  OR  EXPLOSIVE OF LIKE CONSTRUCTION, OR ANY
   29  PREPARATION CONTAINING ANY EXPLOSIVE  OR  INFLAMMABLE  COMPOUND  OR  ANY
   30  TABLETS  OR  OTHER DEVICE COMMONLY USED AND SOLD AS FIREWORKS CONTAINING
   31  NITRATES, CHLORATES, OXALATES,  SULPHIDES  OF  LEAD,  BARIUM,  ANTIMONY,
   32  ARSENIC,  MERCURY, NITROGLYCERINE, PHOSPHORUS OR ANY COMPOUND CONTAINING
   33  ANY OF THE SAME OR OTHER EXPLOSIVES, OR ANY SUBSTANCE OR COMBINATION  OF
   34  SUBSTANCES,  OR  ARTICLE PREPARED FOR THE PURPOSE OF PRODUCING A VISIBLE
   35  OR AN AUDIBLE EFFECT BY COMBUSTION, EXPLOSION, DEFLAGRATION  OR  DETONA-
   36  TION, OR OTHER DEVICE CONTAINING ANY EXPLOSIVE SUBSTANCE.
   37    (B)  THE  term  "dangerous  fireworks"  means any fireworks capable of
   38  causing serious physical injury and which are:  firecrackers  containing
   39  more  than  fifty  milligrams  of  any  explosive  substance, torpedoes,
   40  skyrockets and rockets including all devices which employ any  combusti-
   41  ble  or  explosive substance and which rise in the air during discharge,
   42  Roman candles, AND bombs, PROVIDED, HOWEVER, THAT IN CITIES WITH A POPU-
   43  LATION OF ONE MILLION OR MORE, THE TERM "DANGEROUS FIREWORKS" SHALL ALSO
   44  INCLUDE sparklers more than ten inches in length or  one-fourth  of  one
   45  inch  in diameter, or chasers including all devices which dart or travel
   46  about the surface of the ground during discharge.
   47    (C) "Fireworks" and "dangerous  fireworks"  shall  not  be  deemed  to
   48  include  [(1)] THE FOLLOWING NOR SHALL THE PURCHASE AND USE OF ANY ITEMS
   49  LISTED BELOW BE SUBJECT TO THE PROVISIONS OF SECTION 61 OF TITLE  12  OF
   50  THE  NEW YORK STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED
   51  EIGHTY, FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED
   52  EIGHTY-THREE OF THE GENERAL BUSINESS LAW:
   53    (I) flares of the type used by railroads or any warning lights common-
   54  ly known as red flares, or marine distress signals of a type approved by
   55  the United States coast guard, or
       S. 4529--D                          3

    1    [(2)] (II) toy pistols, toy canes, toy guns or other devices in  which
    2  paper caps containing twenty-five hundredths grains or less of explosive
    3  compound  are  used,  providing  they  are  so constructed that the hand
    4  cannot come in contact with the cap when  in  place  for  use,  and  toy
    5  pistol  paper  caps  which contain less than twenty-hundredths grains of
    6  explosive mixture, the sale and use of which shall be permitted  at  all
    7  times, or
    8    [(3)]  (III)  bank  security devices which contain not more than fifty
    9  grams of any compound or substance or any combination thereof,  together
   10  with  an  igniter not exceeding 0.2 gram, capable of producing a lachry-
   11  mating and/or visible or audible effect, where such device is stored  or
   12  used  only  by  banks,  national  banking associations, trust companies,
   13  savings banks, savings and loan associations, industrial banks, or cred-
   14  it unions, or by any manufacturer, wholesaler, dealer, jobber or  common
   15  carrier for such devices and where the total storage on any one premises
   16  does not exceed one hundred devices.
   17    (C-1)  EXCEPT  IN  CITIES  WITH  A  POPULATION OF ONE MILLION OF MORE,
   18  "FIREWORKS" AND "DANGEROUS FIREWORKS" SHALL NOT BE DEEMED TO INCLUDE THE
   19  FOLLOWING, NOR SHALL THE PURCHASE AND USE OF ANY ITEMS LISTED  BELOW  BE
   20  SUBJECT  TO  THE  PROVISIONS  OF  SECTION 61 OF TITLE 12 OF THE NEW YORK
   21  STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED EIGHTY,  FOUR
   22  HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHTY-THREE
   23  OF THE GENERAL BUSINESS LAW:
   24    (I) SPARKLING DEVICES WHICH ARE GROUND-BASED OR HAND-HELD DEVICES THAT
   25  PRODUCE  A  SHOWER  OF  WHITE,  GOLD, OR COLORED SPARKS AS THEIR PRIMARY
   26  PYROTECHNIC EFFECT. ADDITIONAL EFFECTS MAY INCLUDE A COLORED  FLAME,  AN
   27  AUDIBLE  CRACKLING  EFFECT,  AN AUDIBLE WHISTLE EFFECT, AND SMOKE. THESE
   28  DEVICES DO NOT RISE INTO THE AIR, DO NOT  FIRE  INSERTS  OR  PROJECTILES
   29  INTO  THE AIR, AND DO NOT EXPLODE OR PRODUCE A REPORT (AN AUDIBLE CRACK-
   30  LING-TYPE EFFECT IS NOT CONSIDERED TO BE A  REPORT).    GROUND-BASED  OR
   31  HAND-HELD  DEVICES THAT PRODUCE A CLOUD OF SMOKE AS THEIR SOLE PYROTECH-
   32  NIC EFFECT ARE ALSO INCLUDED IN THIS CATEGORY. TYPES OF DEVICES IN  THIS
   33  CATEGORY INCLUDE:
   34    (A) CYLINDRICAL FOUNTAIN: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 75
   35  G OF PYROTECHNIC COMPOSITION THAT MAY BE CONTAINED IN A DIFFERENT SHAPED
   36  EXTERIOR  SUCH  AS  A SQUARE, RECTANGLE, CYLINDER OR OTHER SHAPE BUT THE
   37  INTERIOR TUBES ARE CYLINDRICAL IN SHAPE.  UPON  IGNITION,  A  SHOWER  OF
   38  COLORED  SPARKS, AND SOMETIMES A WHISTLING EFFECT OR SMOKE, IS PRODUCED.
   39  THIS DEVICE MAY BE PROVIDED WITH A SPIKE FOR INSERTION INTO  THE  GROUND
   40  (SPIKE FOUNTAIN), A WOOD OR PLASTIC BASE FOR PLACING ON THE GROUND (BASE
   41  FOUNTAIN),  OR  A WOOD OR CARDBOARD HANDLE TO BE HAND HELD (HANDLE FOUN-
   42  TAIN). WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL  PYRO-
   43  TECHNIC  COMPOSITION  MAY  NOT EXCEED 200 G, AND WHEN TUBES ARE SECURELY
   44  ATTACHED TO A BASE AND THE TUBES ARE SEPARATED FROM EACH  OTHER  ON  THE
   45  BASE  BY A DISTANCE OF AT LEAST HALF AN INCH (12.7 MILLIMETERS), A MAXI-
   46  MUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE ALLOWED.
   47    (B) CONE FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING  NOT  MORE
   48  THAN  50 G OF PYROTECHNIC COMPOSITION. THE EFFECT IS THE SAME AS THAT OF
   49  A CYLINDRICAL FOUNTAIN. WHEN MORE THAN ONE CONE IS MOUNTED ON  A  COMMON
   50  BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT EXCEED 200 G, AS IS OUTLINED
   51  IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   52    (C)  ILLUMINATING TORCH: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 100
   53  G OF PYROTECHNIC COMPOSITION THAT PRODUCES A COLORED FLAME UPON IGNITION
   54  AND MAY HAVE A SPIKE, BASE, OR HAND HELD FOUNTAIN. WHEN  MORE  THAN  ONE
   55  TUBE  IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT
   56  EXCEED 200 G, AS IS OUTLINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
       S. 4529--D                          4

    1    (D) WHEEL: PYROTECHNIC DEVICE INTENDED TO BE ATTACHED  TO  A  POST  OR
    2  TREE  BY  MEANS  OF A NAIL OR STRING WHICH MAY HAVE ONE OR MORE DRIVERS,
    3  EACH OF WHICH MAY CONTAIN NOT MORE THAN 60 G OF PYROTECHNIC COMPOSITION.
    4  NO WHEEL MAY CONTAIN MORE THAN 200 G OF TOTAL  PYROTECHNIC  COMPOSITION.
    5  UPON  IGNITION,  THE  WHEEL  REVOLVES,  PRODUCING  A SHOWER OF COLOR AND
    6  SPARKS AND, SOMETIMES, A WHISTLING EFFECT.
    7    (E) GROUND SPINNER: SMALL DEVICE CONTAINING NOT  MORE  THAN  20  G  OF
    8  PYROTECHNIC  COMPOSITION,  VENTING OUT AN ORIFICE USUALLY ON THE SIDE OF
    9  THE TUBE AND IS SIMILAR IN OPERATION TO  A  WHEEL  BUT  INTENDED  TO  BE
   10  PLACED  FLAT  ON THE GROUND AND IGNITED. A SHOWER OF SPARKS AND COLOR IS
   11  PRODUCED BY THE RAPIDLY SPINNING DEVICE.
   12    (F) FLITTER SPARKLER: NARROW PAPER TUBE ATTACHED TO A  STICK  OR  WIRE
   13  AND  FILLED  WITH  NOT  MORE  THAN  5  G OF PYROTECHNIC COMPOSITION THAT
   14  PRODUCES COLOR AND SPARKS UPON IGNITION. THE PAPER AT  ONE  END  OF  THE
   15  TUBE IS IGNITED TO MAKE THE DEVICE FUNCTION.
   16    (G)  TOY SMOKE DEVICE: SMALL PLASTIC OR PAPER ITEM CONTAINING NOT MORE
   17  THAN 100 G OF PYROTECHNIC  COMPOSITION  THAT,  UPON  IGNITION,  PRODUCES
   18  WHITE  OR  COLORED  SMOKE AS THE PRIMARY EFFECT. TOY SMOKE DEVICES, WHEN
   19  COMPLYING WITH THE PROVISIONS OF THIS SECTION, ARE CLASSED AS FIREWORKS,
   20  1.4G UNLESS CLASSED AS 1.4S OR NOT REGULATED  AS  AN  EXPLOSIVE  ON  THE
   21  BASIS OF EXAMINATION AND TESTING AS SPECIFIED IN TITLE 49 CFR, S 173.56.
   22    (H)  WIRE SPARKLER/DIPPED STICK: THESE DEVICES CONSIST OF A METAL WIRE
   23  OR WOOD DOWEL THAT HAS BEEN COATED WITH  PYROTECHNIC  COMPOSITION.  UPON
   24  IGNITION  OF  THE  TIP  OF  THE  DEVICE, A SHOWER OF SPARKS IS PRODUCED.
   25  SPARKLERS MAY CONTAIN UP TO 100 G OF PYROTECHNIC COMPOSITION PER ITEM.
   26    (I) MULTIPLE TUBE DEVICES CONTAINING MORE THAN ONE CARDBOARD TUBE: THE
   27  IGNITION OF ONE EXTERNAL FUSE CAUSES ALL OF THE  TUBES  TO  FUNCTION  IN
   28  SEQUENCE.  THE TUBES ARE EITHER INDIVIDUALLY ATTACHED TO A WOOD OR PLAS-
   29  TIC BASE, OR ARE DENSE-PACKED AND  ARE  HELD  TOGETHER  BY  GLUE,  WIRE,
   30  STRING,  OR  OTHER  MEANS  THAT SECURELY HOLDS THE TUBES TOGETHER DURING
   31  OPERATION. THE WEIGHT OF CHEMICAL COMPOSITION PER TUBE IS LIMITED TO THE
   32  WEIGHT LIMIT FOR THE SPECIFIC TYPE OF DEVICE IN THE TUBE. THE CONNECTING
   33  FUSES ON MULTIPLE TUBE DEVICES MUST BE FUSED IN  SEQUENCE  SO  THAT  THE
   34  TUBES  FIRE  SEQUENTIALLY  RATHER  THAN ALL AT ONCE.  WHEN THE TUBES ARE
   35  SECURELY ATTACHED TO A WOOD OR PLASTIC BASE, AND THE TUBES ARE SEPARATED
   36  FROM EACH OTHER ON THE BASE BY A DISTANCE OF AT LEAST HALF AN INCH (12.7
   37  MILLIMETERS), A MAXIMUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION
   38  SHALL BE PERMITTED FOR APPROVAL AS 1.4G, OR
   39    (II) NOVELTIES WHICH DO NOT REQUIRE APPROVAL FROM USDOT  AND  ARE  NOT
   40  REGULATED  AS  EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED AND PACK-
   41  AGED AS DESCRIBED BELOW:
   42    (A) PARTY POPPER: SMALL DEVICES WITH PAPER OR PLASTIC  EXTERIORS  THAT
   43  ARE  ACTUATED  BY  MEANS  OF  FRICTION (A STRING OR TRIGGER IS TYPICALLY
   44  PULLED TO  ACTUATE  THE  DEVICE).  THEY  FREQUENTLY  RESEMBLE  CHAMPAGNE
   45  BOTTLES  OR  TOY  PISTOLS  IN  SHAPE. UPON ACTIVATION, THE DEVICE EXPELS
   46  FLAME-RESISTANT  PAPER  STREAMERS,  CONFETTI,  OR  OTHER  NOVELTIES  AND
   47  PRODUCES  A  SMALL REPORT. DEVICES MAY CONTAIN NOT MORE THAN 16 MG (0.25
   48  GRAINS) OF EXPLOSIVE COMPOSITION, WHICH IS LIMITED TO POTASSIUM CHLORATE
   49  AND RED PHOSPHORUS. THESE DEVICES MUST BE PACKAGED IN AN INNER PACKAGING
   50  WHICH CONTAINS A MAXIMUM OF SEVENTY-TWO DEVICES.
   51    (B) SNAPPER: SMALL, PAPER-WRAPPED DEVICES CONTAINING NOT MORE THAN ONE
   52  MILLIGRAM OF SILVER FULMINATE COATED ON SMALL BITS OF  SAND  OR  GRAVEL.
   53  WHEN  DROPPED,  THE  DEVICE EXPLODES, PRODUCING A SMALL REPORT. SNAPPERS
   54  MUST BE IN INNER PACKAGES NOT TO EXCEED  FIFTY  DEVICES  EACH,  AND  THE
   55  INNER PACKAGES MUST CONTAIN SAWDUST OR A SIMILAR, IMPACT-ABSORBING MATE-
   56  RIAL.
       S. 4529--D                          5

    1    (C)  TOY SMOKE DEVICES: SMALL DEVICES CONSISTING OF CORK-LIKE SPHERES,
    2  OR CARDBOARD OR PLASTIC TUBES, CONTAINING NOT MORE THAN 5 G OF PYROTECH-
    3  NIC COMPOSITION THAT PRODUCES A SMALL CLOUD OF SMOKE  AFTER  ACTIVATION.
    4  THE  DEVICES  ARE  TYPICALLY  IGNITED BY MEANS OF SAFETY FUSE. THE OUTER
    5  CONFIGURATION  IS  USUALLY  A  SPHERE (SMOKE BALL), CYLINDRICAL TUBE, OR
    6  PAPER CONE. THE CHEMICAL COMPOSITION FOR WHITE SMOKE CONSISTS OF  POTAS-
    7  SIUM  NITRATE  AND SULFUR, WHILE COLORED SMOKES ARE PRODUCED BY MIXTURES
    8  CONSISTING OF POTASSIUM CHLORATE, SULFUR  OR  SUGAR,  AND  A  SUBLIMABLE
    9  ORGANIC  DYE. MIXTURES CONTAINING POTASSIUM CHLORATE MUST ALSO CONTAIN A
   10  NEUTRALIZER/COOLANT SUCH AS  SODIUM  BICARBONATE.  TO  BE  ELIGIBLE  FOR
   11  UNREGULATED STATUS, THESE DEVICES MUST PRODUCE SMOKE AS THEIR SOLE PYRO-
   12  TECHNIC  EFFECT  FOLLOWING IGNITION, AND MUST BE PACKAGED IN INNER UNITS
   13  CONTAINING A MAXIMUM OF SEVENTY-TWO DEVICES.
   14    (D) SNAKES, GLOW WORM: PRESSED PELLETS OF PYROTECHNIC COMPOSITION THAT
   15  CONTAIN 2 G OR LESS OF  COMPOSITION  PER  ARTICLE.  UPON  BURNING,  THEY
   16  PRODUCE  A  SNAKE-LIKE  ASH  THAT EXPANDS IN LENGTH AS THE PELLET BURNS.
   17  CHEMICAL COMPOSITIONS VARY, BUT TYPICALLY CONTAIN AMMONIUM  PERCHLORATE,
   18  NITRATE  PITCH,  ASPHALTUM,  AND  SIMILAR  CARBONACEOUS MATERIALS. THESE
   19  DEVICES ARE LIMITED TO A MAXIMUM OF TWENTY-FIVE PELLETS PER INNER  PACK-
   20  AGE IN ORDER TO BE TRANSPORTED AS NOT REGULATED DEVICES.
   21    (E) WIRE SPARKERS/DIPPED STICKS: THESE DEVICES CONSIST OF A METAL WIRE
   22  OR  WOOD  DOWEL  THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION. UPON
   23  IGNITION OF THE TIP OF THE DEVICE,  A  SHOWER  OF  SPARKS  IS  PRODUCED.
   24  SPARKLERS  MAY  CONTAIN  UP  TO 100 G OF COMPOSITION PER ITEM. SPARKLERS
   25  TYPICALLY USE BARIUM NITRATE AS THE OXIDIZER, WITH ALUMINUM AND DEXTRINE
   26  AS FUELS. IRON FILINGS PRODUCE THE SPARK EFFECT. COLOR-PRODUCING  SPARK-
   27  LERS USE POTASSIUM PERCHLORATE AS AN OXIDIZER. ANY SPARKLER CONTAINING A
   28  CHLORATE  OR  PERCHLORATE  OXIDIZER  IS  LIMITED  TO A MAXIMUM OF 5 G OF
   29  COMPOSITION PER ARTICLE. SPARKLERS MUST BE PACKAGED IN  INNER  PACKAGING
   30  THAT  CONTAIN  EIGHT  DEVICES OR LESS TO BE TRANSPORTED AS NOT REGULATED
   31  DEVICES, OR
   32    (III) TOY PLASTIC OR PAPER CAPS FOR TOY  PISTOLS  IN  SHEETS,  STRIPS,
   33  ROLLS,  OR  INDIVIDUAL CAPS, CONTAINING NOT MORE THAN AN AVERAGE OF 0.25
   34  GRAINS (16 MG) OF EXPLOSIVE COMPOSITION PER CAP. TOY CAPS ARE  DESCRIBED
   35  AS  TOY CAPS NA0037 AND CLASSED AS 1.4S. TOY CAPS SHALL ONLY BE APPROVED
   36  FOR TRANSPORTATION USING THE PROCEDURE SPECIFIED  IN  TITLE  49  CFR,  S
   37  173.56(B).
   38    2. Offense. (a) Except as herein otherwise provided, or except where a
   39  permit  is  obtained pursuant to section 405.00 OF THIS CHAPTER; (i) any
   40  person who shall offer or expose for sale, sell or furnish,   any  fire-
   41  works or dangerous fireworks is guilty of a class B misdemeanor;
   42    (ii)  any  person  who shall offer or expose for sale, sell or furnish
   43  any fireworks or dangerous fireworks valued at five hundred  dollars  or
   44  more shall be guilty of a class A misdemeanor;
   45    [(b)  (i)  Except as herein otherwise stated, or except where a permit
   46  is obtained pursuant to section 405.00,]  (III)  any  person  who  shall
   47  possess,  use,  explode  or  cause to explode any fireworks or dangerous
   48  fireworks is guilty of a violation[.];
   49    [(ii)  A] (IV) ANY person who shall offer or expose for sale, sell  or
   50  furnish,  any  dangerous  fireworks,  FIREWORKS OR DEVICES AS DEFINED IN
   51  PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION to any person who  is
   52  under the age of eighteen is guilty of a class A misdemeanor.
   53    [(iii)]  (B) A person who has previously been convicted of a violation
   54  of subparagraph [(ii)] (IV) of [this] paragraph (A) OF THIS  SUBDIVISION
   55  within  the preceding five years and who shall offer or expose for sale,
       S. 4529--D                          6

    1  sell or furnish, any dangerous fireworks to any person who is under  the
    2  age of eighteen, shall be guilty of a class E felony.
    3    (c)  Possession  of  fireworks  or  dangerous  fireworks valued at ONE
    4  HUNDRED fifty dollars or more shall be a presumption that such fireworks
    5  were intended to be offered or exposed for sale.
    6    3.  [The provisions of this section shall not apply to articles of the
    7  kind and nature herein mentioned, while in possession of  railroads  and
    8  transportation  agencies  for  the  purpose  of transportation to points
    9  without the state, the shipment of which is not prohibited by the inter-
   10  state commerce commission regulations as formulated and  published  from
   11  time  to  time, unless the same be held voluntarily by such railroads or
   12  transportation companies as warehousemen for delivery to  points  within
   13  the  state;  provided, that none of the provisions of this section shall
   14  apply to signaling devices used by railroad companies or motor  vehicles
   15  referred  to  in subdivision seventeen of section three hundred seventy-
   16  five of the vehicle and traffic law, or to high explosives for  blasting
   17  or  similar  purposes;  provided  that  none  of  the provisions of this
   18  section shall apply to fireworks or  dangerous  fireworks  and  the  use
   19  thereof  by  the  army  and  navy  departments  of the state and federal
   20  government; nor shall anything in this act  contained  be  construed  to
   21  prohibit any manufacturer, wholesaler, dealer or jobber from manufactur-
   22  ing,  possessing  or  selling  at  wholesale such fireworks or dangerous
   23  fireworks to municipalities,  religious  or  civic  organizations,  fair
   24  associations, amusement parks, or other organizations or groups of indi-
   25  viduals  authorized  to possess and use fireworks or dangerous fireworks
   26  under this act, or the sale or use of blank cartridges  for  a  show  or
   27  theatre, or for signal purposes in athletic sports, or for dog trials or
   28  dog training, or the use, or the storage, transportation or sale for use
   29  of  fireworks  or  dangerous  fireworks  in  the  preparation  for or in
   30  connection with television broadcasts; nor shall anything  in  this  act
   31  contained  be  construed  to  prohibit  the  manufacture of fireworks or
   32  dangerous fireworks, nor the sale of any kind of fireworks or  dangerous
   33  fireworks,  provided  the  same  are  to  be shipped directly out of the
   34  state.] EXCEPTIONS. (A) THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY
   35  TO:
   36    (I)  FIREWORKS,  DANGEROUS FIREWORKS, AND DEVICES DEFINED IN PARAGRAPH
   37  (C-1) OF SUBDIVISION ONE OF THIS SECTION WHILE IN  POSSESSION  OF  RAIL-
   38  ROADS,  COMMON  OR  CONTRACT CARRIERS, RETAILERS, WHOLESALERS, DISTRIBU-
   39  TORS, JOBBERS AND TRANSPORTATION COMPANIES  OR  TRANSPORTATION  AGENCIES
   40  FOR THE PURPOSE OF TRANSPORTATION TO POINTS WITHOUT THE STATE, THE SHIP-
   41  MENT  OF WHICH IS NOT PROHIBITED BY INTERSTATE COMMERCE COMMISSION REGU-
   42  LATIONS AS FORMULATED AND PUBLISHED FROM TIME TO TIME,  UNLESS  THEY  BE
   43  HELD VOLUNTARILY BY SUCH RAILROADS, COMMON OR CONTRACT CARRIERS, RETAIL-
   44  ERS,  WHOLESALERS,  DISTRIBUTORS, JOBBERS AND TRANSPORTATION AGENCIES OR
   45  TRANSPORTING COMPANIES AS WAREHOUSEMEN FOR DELIVERY TO POINTS WITHIN THE
   46  STATE;
   47    (II) SIGNALING DEVICES USED BY RAILROAD COMPANIES  OR  MOTOR  VEHICLES
   48  REFERRED   TO   IN   SUBDIVISION  SEVENTEEN  OF  SECTION  THREE  HUNDRED
   49  SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW;
   50    (III) HIGH EXPLOSIVES FOR BLASTING OR SIMILAR PURPOSES;
   51    (IV) FIREWORKS, DANGEROUS FIREWORKS AND DEVICES DEFINED  IN  PARAGRAPH
   52  (C-1)  OF  SUBDIVISION  ONE  OF  THIS SECTION FOR THE USE THEREOF BY THE
   53  UNITED STATES MILITARY, AND DEPARTMENTS OF THE STATE AND FEDERAL GOVERN-
   54  MENT;
   55    (V) THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, DANGEROUS  FIRE-
   56  WORKS  AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS
       S. 4529--D                          7

    1  SECTION AND SPECIAL EFFECTS MATERIALS IN CONNECTION WITH THE  PRODUCTION
    2  OF  MOTION  PICTURES,  TELEVISION  PROGRAMS, COMMERCIALS, AND ALL ENTER-
    3  TAINMENT MEDIA RECORDED IN ANY CURRENT OR TO  BE  DESIGNED  FORMAT  WHEN
    4  SUCH USE, TRANSPORTATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY
    5  THE LOCAL GOVERNMENTAL SUBDIVISION HAVING JURISDICTION.
    6    (B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT:
    7    (I)  ANY  MANUFACTURER,  WHOLESALER,  RETAILER,  DEALER OR JOBBER FROM
    8  MANUFACTURING, POSSESSING OR SELLING AT WHOLESALE A  DEVICE  DEFINED  IN
    9  PARAGRAPH  (C-1)  OF  SUBDIVISION ONE OF THIS SECTION TO MUNICIPALITIES,
   10  RELIGIOUS OR CIVIC ORGANIZATIONS, FAIR ASSOCIATIONS, AMUSEMENT PARKS, OR
   11  OTHER ORGANIZATIONS AUTHORIZED BY THE STATE TO STORE, TRANSPORT, POSSESS
   12  AND USE OR TO INDIVIDUALS TO STORE, TRANSPORT, POSSESS AND USE;
   13    (II) THE SALE OR USE OF BLANK CARTRIDGES FOR A MOTION  PICTURE,  TELE-
   14  VISION  PROGRAM,  COMMERCIAL  AND ALL ENTERTAINMENT MEDIA, OR FOR SIGNAL
   15  PURPOSES IN ATHLETIC SPORTS, OR FOR DOG TRIALS OR DOG TRAINING;
   16    (III) THE USE, STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE  OF
   17  FIREWORKS  AND  DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF
   18  THIS SECTION IN  THE  PREPARATION  FOR  OR  IN  CONNECTION  WITH  MOTION
   19  PICTURES,  TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTERTAINMENT MEDIA
   20  RECORDED IN ANY CURRENT OR TO BE DEIGNED FORMAT WHEN SUCH USE, TRANSPOR-
   21  TATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY THE LOCAL GOVERN-
   22  MENTAL SUBDIVISION HAVING JURISDICTION; OR
   23    (IV) THE MANUFACTURE OR SALE OF DEVICES DEFINED IN PARAGRAPH (C-1)  OF
   24  SUBDIVISION ONE OF THIS SECTION PROVIDED THEY ARE TO BE SHIPPED DIRECTLY
   25  OUT  OF  SUCH  CITY  AND  ANY SUCH ITEMS ARE SOLD IN ACCORDANCE WITH THE
   26  PROVISIONS OF THIS ARTICLE.
   27    S 2. Subdivision 5 of section 405.00 of the penal law  is  amended  to
   28  read as follows:
   29    5. Local ordinances superseded. (A) All local ordinances regulating or
   30  prohibiting  the  display  of  fireworks  are  hereby  superseded by the
   31  provisions of this section. Every city, town or village shall  have  the
   32  power  to  enact  ordinances or local laws regulating or prohibiting the
   33  use, or the storage, transportation or sale for use of fireworks in  the
   34  preparation for or in connection with television broadcasts.
   35    (B)  FURTHER,  NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL
   36  ENACT A LOCAL LAW THAT IS INCONSISTENT WITH THE  PROVISIONS  OF  SECTION
   37  270.00  OF  THIS  CHAPTER  NOR  TO REGULATE DEVICES DEFINED IN PARAGRAPH
   38  (C-1) OF SUBDIVISION ONE OF SECTION 270.00 OF THIS CHAPTER  THAT  IS  IN
   39  CONFLICT WITH THE PROVISIONS OF NFPA 1124, 2006 EDITION ONLY.
   40    S 3. This act shall take effect immediately.
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