New York State Assembly

 
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A09455 Summary:

A09455 Actions:

A09455 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:05/17/2016AYE/NAY:19/0  Action: Favorable         
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Excused
Brennan
Excused
Montesano
Aye
Wright
Aye
Ra
Aye
Pretlow
Aye
Tenney
Aye
Cook
Aye
Cymbrowitz
Aye
Titus
Aye
O'Donnell
Excused
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye

A09455 Floor Votes:

A09455 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9455
 
SPONSOR: Gunther

 
TITLE OF BILL:  An act to amend the penal law, in relation to the sale
and possession of fireworks in certain cities
 
 
PURPOSE:
 
To allow cities within Orange County to prevent the sale and possession
of "sparkling devices" by having these devices be considered "fireworks"
and/or "dangerous fireworks."
 
 
SUMMARY OF PROVISIONS:
 
Section 1: Amends subdivision 5 of section 405.00 of the Penal Law by
adding a paragraph (c) to allow cities wholly within the County of
Orange to enact local laws including "sparkling devices" within the
definitions of "fireworks" and "dangerous fireworks" as defined by
section 207.00.
 
Section 2: Effective date.
 
 
JUSTIFICATION:
 
The use of "sparkling devices" were authorized in Orange County pursuant
to Local Law in 2015. With Orange County being so close to Pennsylvania,
where many more firework devices are legal, there was an increase in the
usage of both legal "sparkling devices" and "illegal fireworks" in the
County. This caused a steep increase in complaints to the local police
forces, causing them to look into unnecessary "quality of life"
complaints. In acknowledgement of the issues that arose, the Orange
County Legislature has requested legislation to provide the cities in
Orange County the ability to "opt-out" of the county authorization.
 
 
LEGISLATIVE HISTORY:
 
New Bill.
 
 
FISCAL IMPACT ON THE STATE:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A09455 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9455
 
                   IN ASSEMBLY
 
                                      March 4, 2016
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the penal law, in relation to the sale and possession of
          fireworks in certain cities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  5  of  section  405.00  of the penal law, as
     2  amended by chapter 477 of the laws  of  2014,  is  amended  to  read  as
     3  follows:
     4    5. Local ordinances superseded. (a) All local ordinances regulating or
     5  prohibiting  the  display  of  fireworks  are  hereby  superseded by the
     6  provisions of this section. Every city, town or village shall  have  the
     7  power  to  enact  ordinances or local laws regulating or prohibiting the
     8  use, or the storage, transportation or sale for use of fireworks in  the
     9  preparation for or in connection with television broadcasts.
    10    (b)  Further,  no  city or county shall be bound to include "sparkling
    11  device" in the definitions of "fireworks" and "dangerous  fireworks"  in
    12  section  270.00 of this chapter, if such city or county shall so author-
    13  ize the exemption of "sparkling device" by law.  If  any  such  city  or
    14  county  so elects, it and such other local jurisdictions that lie within
    15  its geographical boundaries shall not enact any other local law that  is
    16  inconsistent  with  the provisions of subparagraph (iv) of paragraph (c)
    17  of subdivision one of section 270.00 of this chapter,  nor  to  regulate
    18  sparkling devices in a manner that is in conflict with the provisions of
    19  NFPA 1124, 2006 edition.
    20    (c) Notwithstanding paragraph (b) of this subdivision, any city wholly
    21  contained  within  the county of Orange may enact a local law to include
    22  "sparkling device" within the definitions of "fireworks" and  "dangerous
    23  fireworks" as defined in section 270.00 of this chapter, notwithstanding
    24  any  local  law  enacted by such county that authorizes the exemption of
    25  "sparkling device" from such definition.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13977-01-6